2. Do same-sex couples enjoy the same parental rights as opposite-sex couples in Hong Kong?
Same-sex marriage is not recognised under the laws of Hong Kong, so same-sex couples are not attributed to enjoy the same parental rights as heterosexual couples in Hong Kong even if both parties in a same-sex marriage consent to co-parenting the children. Only a biological parent may be listed as the legal parent. However, it is possible to apply to the court to formalise the parental rights of a non-biological partner in a same sex marriage. The court has ruled that a non-biological parent of a child born by his/her former same sex partner could be granted guardship rights, joint custody and shared care over the children, should the best interest of the child required.
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