i-Cable News interviewed Mr Gordon Chan about a company suspected of offering surrogacy and sex selection services abroad.
In an interview with i-Cable News, Mr Gordon Chan discussed the strict prohibition of commercial surrogacy arrangements in Hong Kong, as outlined in the Human Reproductive Technology Ordinance (Cap 561).
While some surrogacy arrangements are licensed and thus legal in Hong Kong, a broad scope of activities related to commercial surrogacy, “whether in Hong Kong or elsewhere”, is prohibited under Section 17 of the Ordinance. These would include initiating, taking part, offering, or agreeing to negotiations. Advertising or even compiling such information for commercial purposes is illegal. Note also that those making payments are also caught by the section. Hence, potential patients may also be caught by the offence.
Note also that sex selection of babies based on social or cultural reasons is prohibited in Hong Kong and constitutes a serious criminal offence.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
