For Patients
FAQs for Patients
- Can single persons receive reproductive technology (RT) procedures?
The provision of RT procedure to persons who are not parties to a marriage is prohibited under section 15(5) of the Human Reproductive Technology Ordinance (Cap. 561), except where the RT procedure is:
- provided to a surrogate mother pursuant to a surrogacy arrangement;
- continued to be provided to persons who were the parties to
a marriage when gametes were, or an embryo was, placed in the
body of a woman pursuant to the procedure; or
- for obtaining of gametes (i.e. sperm or eggs).
- provided to a surrogate mother pursuant to a surrogacy arrangement;
- Can I choose the sex of my child?
Sex selection by means of a RT procedure for social reasons or reasons other than the avoidance of the birth of a child with a sex-linked genetic disease specified in Schedule 2 to the Human Reproductive Technology Ordinance (Cap. 561) is prohibited under that Ordinance.
- I am using donor's gametes or embryos in my treatment. Who will be the legal parents of the baby born?
If a woman is treated with a donor's gametes or embryos, she will be regarded as the mother of the baby born and her husband will be regarded as the father of the baby unless it is shown that the latter did not consent to the treatment (sections 9 & 10 of the Parent and Child Ordinance Cap. 429).
- Is surrogacy allowed in Hong Kong?
Commercial surrogacy is prohibited under section 17 of the Human Reproductive Technology Ordinance (Cap. 561). This means that no person shall make or receive any payment for surrogacy arrangement. Under section 14 of the Ordinance, no person shall use gametes other than the gametes of the commissioning couple who are the parties to a marriage for the purpose of a surrogacy arrangement. Also, under section 2 of the Ordinance, pregnancy of the surrogate mother is to be achieved by reproductive technology procedure. Parties involving in the surrogacy arrangement should note that no surrogacy arrangement is enforceable by or against any of the persons making it. The commissioning couple has to apply for a court order, within 6 months of the birth of the child(ren) born as a result of the surrogacy arrangement, for making the child(ren) to be regarded in law as the child(ren) of the commissioning couple (section 12 of the Parent and Child Ordinance Cap. 429)
- If I decide to store my gametes or embryos for future treatment, how long can the storage period be?
The maximum storage period for gametes or embryos stored for patients' own use in reproductive technology procedure is 10 years. The maximum storage period for gametes for cancer or other patients who may be rendered infertile as a result of chemotherapy, radiotherapy, surgery or other medical treatment is 10 years or until patients reach the age of 55 years, whichever is the longer. The maximum storage period for embryos for such patients is 10 years.
- Where can I find service providers offering RT procedures?
All service providers intending to carry out RT activities and procedures have to be in possession of a valid licence issued by the Council on Human Reproductive Technology. The Council will publish a list of licensed centres for reference by the public.
