Egg Donation in Hong Kong
Contents
Summary of Egg Donation in Hong Kong
Is Egg Donation Legal in Hong Kong?
Availability of Donor Eggs, Sperm, and Embryos in Hong Kong
Egg Donor Compensation in Hong Kong
Anonymous, Open, and Known Donation in Hong Kong
Surrogacy in Hong Kong
Can LGBTQIA+ Couples Use IVF in Hong Kong?
Can Single Women Use IVF in Hong Kong?
How to Choose an IVF Clinic in Hong Kong
Average Costs of IVF with Donor Eggs or Sperm in Hong Kong
Legal Assistance and Counseling for Intended Parents in Hong Kong
Summary of Egg Donation in Hong Kong
Third party reproduction is legal in Hong Kong, but not as widely available as in Taiwan due to stricter regulations on donor reimbursements that do not create incentives for anonymous donors, and fewer clinics offering ART (around 15 in Hong Kong compared to over 90 in Taiwan). Known donors, such as a family member or friend, are legal and most common. In addition, importing gametes is allowed, though there are legal requirements that intended parents must be aware of. Commercial surrogacy is illegal and non-commercial surrogacy is complicated by the lack of clinics offering this service to intended parents. Sex selection, unless medically indicated, is prohibited. For intended parents interested in using the public system of hospitals and clinics in Hong Kong, long wait times have been reported.
Is Egg Donation Legal in Hong Kong?
Assisted reproduction in Hong Kong is regulated by the Human Reproductive Technology Ordinance (Cap. 561) and the Code of Practice on Reproductive Technology & Embryo Research promulgated in 2002.
Centers that provide IVF must obtain a treatment license from the Human Reproductive Technology Council. As stated in the Code of Practice, in Hong Kong, IVF can be provided only to legally married, heterosexual couples. The maximum number of embryos that can be transferred to the woman is three per cycle. Frozen embryos can be stored for up to 10 years from the day of freezing, and gametes can be stored until the patient is aged 55 years. Sex selection, unless medically indicated, is prohibited in Hong Kong.
Availability of Donor Eggs, Sperm and Embryos in Hong Kong
Hong Kong does not have sperm or egg banks to help to match donors and intended parents. There are two ways to find a donor:
Ask a relative or a friend to be a designated donor (these are often referred to as ‘known’ donors)
Import eggs or sperm through an overseas bank, in compliance with the law.
An egg donor should be between the ages of 18 and 34 years, in good health and without any personal or family history of hereditary disease or abnormal baby. If the donor has donated her eggs to other women, her donation should not have resulted in more than 3 live birth events in Hong Kong.
A sperm donor should be between the ages of 18 and 54 years, in good health and without any personal or family history of hereditary disease or abnormal baby. If the donor has donated his sperm to other couples, his donation should not have resulted in more than 3 live birth events in Hong Kong.
Donated embryos are those created by couples during IVF, which are remaining after the couple completes their family. The embryos are donated anonymously. For the embryos to be donated, the genetic parents should meet the criteria above. The donation should not result in more than 3 live birth events in Hong Kong.
Import and Export of Gametes to Hong Kong
Import and export of gametes is allowed under the Code of Practice. Intended parents wishing to pursue this option should check with their clinic and legal assistance.
Egg Donor Compensation in Hong Kong
Commercial gamete donation is not allowed in Hong Kong; it is considered a voluntary act of kindness. No payment to the donor is allowed apart from reimbursing the loss of earnings and expenses, such as transportation and appointment fees. The reimbursements or compensation given is based strictly on direct expenses incurred by the donor. Under Section 4.14 of the Code of Practice on Reproductive Technology & Embryo Research, reimbursements are allowed for:
The cost of removing, transporting, or storing gametes or an embryo to be supplied.
Any expenses or loss of earnings incurred by the donor.
Detailed evidence in the form of bills, receipts, bank statements, and paychecks has to be provided by the donor upon making any claim for expenses or loss of earnings. There is also a statutory limit to the total amount of money that can be given for reimbursement. The total daily amount that can be claimed for loss of earnings is HK$380 (approximately USD 48), while a fixed sum of HK$300 (USD 38) is given to cover traveling expenses.
Anonymous, Open, and Known Donation in Hong Kong
Because of the legal requirements, most donors are known (friends or family of the intended parents). Anonymous donor eggs or sperm can be transported into Hong Kong from foreign providers in accordance with the law. Open donation is theoretically permissible.
Surrogacy in Hong Kong
Commercial surrogacy is criminal under the Human Reproductive Technology Ordinance 2000. The law is phrased in a manner that no one can pay a surrogate, no surrogate can receive money, and no one can arrange a commercial surrogacy. Non-commercial surrogacy is legal in Hong Kong, but no IVF centers in Hong Kong provide surrogacy arrangements. Surrogacy agreements have been found to be unenforceable under the law.
Can LGBTQIA+ Couples Use IVF in Hong Kong?
Despite a ruling in September 2023 stipulating that the government should provide a framework for same-sex marriage in Hong Kong, at the time of writing, same-sex marriage is not legal in Hong Kong. Same-sex couples wishing to undergo IVF are forbidden from doing so, which applies to nationals and to foreign couples, even with a legal marriage license from a foreign country.
Can Single Women Use IVF in Hong Kong?
As stated in the Human Reproductive Technology Council Code of Practice, in Hong Kong, IVF can be provided only to legally married, heterosexual couples.
Choosing an IVF Clinic in Hong Kong
Public and private hospitals and clinics offer assisted reproductive technology in Hong Kong. Centers that provide IVF must obtain a treatment license from the Human Reproductive Technology Council. A 2019 report found that there were 13 (three public and 10 private) licensed clinics offering IVF.
In 2023, information provided by the Secretary of Health in response to an inquiry from a parliamentarian noted that the waiting times for intended parents using public hospitals or clinics were long. The waiting time for couples receiving subfertility assessment was noted to be 7.5 to 12 months after referral. The waiting time for couples in need of IVF treatment was four to seven months after the first IVF consultation. In all, this can add up to waiting times of years for couples to access treatment. It appears that the public system is available only for women up to 40 years old.
Average costs of IVF with Egg or Sperm Donation in Hong Kong
In the public system, charges vary depending on the type of laboratory procedures required and the number of embryos frozen, ranging from HK$9,000 (USD 1,150) to HK$40,000 (USD 5,100) per treatment cycle. However, there are long waiting times and age restrictions, as noted above.
The cost for a single cycle of IVF in private clinics ranges from HK$60,000 (USD 7,680) to HK$100,000 (USD 12,800) or more. These clinics often offer more flexibility and shorter waiting times.
The costs of importing donor eggs will be additional and will depend on the country where eggs are obtained. Additional fees will be required for a specialized shipping service that complies with government requirements.
*****
As a reminder, this website is not a substitute for professional legal and medical advice. Please seek the advice of your doctor and lawyer to verify the information that we provide.
