Same-sex couples in Hong Kong have faced a long, hard road in the fight for legal recognition. A recent ruling around an IVF case gives them new hope. Here is what’s happening.
Stuck in the Stone Ages
Hong Kong has long been a conservative stronghold when it comes to recognizing same-sex couples with any sort of rights.
Thawing the Ice
The country remains locked in its traditional ways when it comes to barring same-sex marriage, but a couple of recent court rulings have started to thaw the ice.
Highest Court Takes a Stand
Back in early September, the Court of Final Appeal, which is Hong Kong’s equivalent of the U.S. Supreme Court, handed down a landmark decision.
Handing Out Homework
In a case by a gay man who has been in custody for protesting the lack of recognition for same-sex marriages, the court gave the government some homework.
They Must Change
Within two years, according to the ruling, Hong Kong must implement some sort of formal method for recognizing same-sex unions.
A Huge Step Forward
While the decision stops short of guaranteeing the legalization of same-sex marriages, the LGBTQ+ has celebrated this development as a huge step forward.
Even More Good News
In the aftermath of that good news, same-sex parents got a big boost of their own later in the month.
A Child Shall Lead Them
The case at hand stemmed from the birth of a young Hong Kong boy in 2022.
His Two Moms
The child is the product of a reciprocal IVF procedure undertaken by his lesbian mothers.
That procedure involves implanting the fertilized egg of one mother into the uterus of the other, who then carries the baby to term.
Only One of Them Counted
When the little boy was born, though, the Hong Kong government refused to recognize that he had two parents. Instead, they would only include one of the women on the child’s birth certificate.
She Said It Was Wrong
But judge Queeny Au-Yeung said that was discrimination against the couple’s son, denying him his right to claim both of his birth parents.
Discriminated Against at Birth
Specifically, Au-Yeung said that the little boy had been “discriminated as to his birth in the sense that, unlike other children, he does not have a co-parent, genetically linked to him.”
She Set Things Right
With those words, the judge made both mothers the boy’s parents in the eyes of the law, just as they had always been in their own eyes.
She Took Another Step
Au-Yeung’s judgment also went further in setting the stage for future court battles around same-sex marriage rights.
The World Is Changing
“The court should be astute to the changing world where people build families in different manners other than through a married or heterosexual relationship,” Au-Yeung said.
Attitudes Are Warming Up
While neither September ruling paves a clear and smooth road for same-sex marriages, they both serve to thaw some of the icy conservative logjam when it comes to attitudes around gay and lesbian couples in Hong Kong.
The Laws Are Dead Wrong
And the court rulings seem to fall right in line with changing societal views, too.
According to a survey conducted by researchers at the University of Hong Kong, about 60% of people in the country think the law gets it wrong when it comes to same-sex couples.
Courts Leading the Way
Clearly, the winds of change are blowing through Hong Kong. And the highest courts are taking notice.
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The post Hong Kong’s LGBTQ+ Community Finds Hope in Landmark Court Rulings on Same-Sex Rights first appeared on Mama Say What?!.
Featured Image Credit: Shutterstock / Kamil Macniak. The people shown in the images are for illustrative purposes only, not the actual people featured in the story.
