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Gay Family in Hong Kong

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  1. #1

    Gay Family in Hong Kong

    I realise that Hong Kong does not recognise gay marriage, and I believe they do not allow the adoption of local children by two adults of the same sex (correct me if I'm wrong).

    However, I was wondering if a gay couple were to adopt a child abroad, and then relocated back to Hong Kong... what legal implications would this have? I'm assuming this is legal since then we'd be the legal guardians and it should be fairly straightforward to get a visa for the child?

    Would the HK government recognise the child as having two legal fathers? Would the two parents be unrelated by law? Would the child be treated as a Chinese citizen and be eligible for a HK passport?

    I'm not quite at the stage of life where I'm starting a family yet, but I'd anticipate it might happen in the next 5 years or so. I'd like to learn more about what the situation is like so I can make decisions/daydream while informed.

    For background, I am a British citizen (by birth) but I have RTL in HK. My likely spouse is a HKPR and a British citizen (by descent, I think he missed his chance to naturalise). We both live/work in Hong Kong but we plan on getting married in the UK at some point.

    Any insight would be appreciated! Thanks!


  2. #2

    They wouldn't allow it at all.LGBT matrimony and even adoption aren't recognised. The government enjoys being controlled by the Christians (Truth and Light Society.) who hate LGBT people and have considerable clout in LEGCO.
    Your husband will not be eligible for next-of-kin status since that is only conferred on heterosexual spouses/family members.

    The child will not be recognised as a legally-adopted child here. Full stop. I wouldn't be surprised if they forcibly removed and/or deported the child from whence they came.


  3. #3
    Quote Originally Posted by angeluscomplex:
    They wouldn't allow it at all.LGBT matrimony and even adoption aren't recognised. The government enjoys being controlled by the Christians (Truth and Light Society.) who hate LGBT people and have considerable clout in LEGCO.
    Your husband will not be eligible for next-of-kin status since that is only conferred on heterosexual spouses/family members.

    The child will not be recognised as a legally-adopted child here. Full stop. I wouldn't be surprised if they forcibly removed and/or deported the child from whence they came.
    So you're saying that in this kind of situation, neither parent would be recognised as a legal guardian to the child?

    Would it make a difference if only one parent went through the adoption process (ie. Single parent adoption in the UK)? I can't imagine any case for denying the child a dependent visa/residency in this situation... Right?

  4. #4

    (Gotta love sheltered, ex-pat-ghetto-inhabiting expatriates.)




    rickyross likes this.

  5. #5
    Quote Originally Posted by angeluscomplex:
    (Gotta love sheltered, ex-pat-ghetto-inhabiting expatriates.)




    I'm sorry, I don't understand why you're implying that I'm sheltered or that I live in an expat ghetto.

    Is it not a reasonable assumption to make, whether by an expat or a local, that a single father (from a legal perspective) would be allowed to bring an adopted child to live with him in HK?

    And if it isn't a reasonable assumption, then I'd love to understand why. Like I said, I'm just looking to learn more.

  6. #6

    "Civil Partnership and British Nationals (Overseas)[edit]

    Neither same sex marriage nor civil partnership registered inside or outside Hong Kong is recognised by the Law of Hong Kong. However, many Hong Kong residents are also a British National (Overseas). By virtue of the passage of Civil Partnership (Registration Abroad and Certificates) Order 2005 in the UK, all British nationals, including British Nationals (Overseas), are allowed to register civil partnerships with a limited number of British consulates or embassies abroad. Thus, LGBT Hong Kong couples, with either one of the couple having a British national status, enjoy the right to register civil partnerships with British consulates in 22 countries.[21]
    Arranging a civil partnership registration with a British consulate will generally take at least a month and must be done in person in the country where the consulate is located. Those whose British Nationals (Overseas) passports have expired or who no longer hold a valid passport need to apply for a renewal before arranging a civil partnership registration with a British consulate.



    The British Consulate-General in Hong Kong refrains itself from providing such service to British nationals because of the disagreement from the Hong Kong government. Thus, British nationals are able to apply for a same-sex civil partnership ceremony with British consulates or embassies in the following 22 countries.[22]


  7. #7

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    Pretty sure Angelus is wrong in the strict interpretation that he voices. It's not straight forward for sure but there are loopholes.


  8. #8

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    I suggest that you check with a lawyer who deals with adoption rather than rely on heresay. I do know several same sex couples who have adopted children privately but I believe in each case only one of the couple is named as the legal parent.


  9. #9

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    I also think angelus is wrong in saying "not at all" . Particularly I think it would be relatively easy for one Partner to be the legal father of the child but not both. So you can probably do it but won't have the same kind of equal rights you would expect here.


  10. #10

    Ok that makes sense, thanks for being helpful!


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