Third-Party Reproduction in Hong Kong: A Guide for Intended Parents

Summary: Third-Party Reproduction in Hong Kong

Third party reproduction is legal in Hong Kong, but access to donor gametes is significantly more restricted than in jurisdictions such as Taiwan, Canada, or the USA. Hong Kong has no licensed sperm or egg banks, donor reimbursement is capped at modest, expense-based amounts. As of 1 June 2026 there were 19 reproductive technology centres holding treatment licences from the Council on Human Reproductive Technology, compared with more than 90 government-approved assisted reproduction institutions in Taiwan.[1, 2] Known donors, such as a family member or friend, are legal and the most practical route for obtaining donor gametes locally. In addition, importing donor sperm, donor eggs and embryos from overseas is permitted under Section IX of the Council's Code of Practice subject to a number of conditions that intended parents must understand before proceeding.[3] Commercial surrogacy is a criminal offence under section 17 of the Human Reproductive Technology Ordinance, and the prohibition has been interpreted to have extraterritorial effect, meaning that Hong Kong residents who enter commercial surrogacy arrangements abroad may also be at risk of prosecution. Non-commercial (altruistic) surrogacy is technically permitted, but no Hong Kong centre currently provides surrogacy arrangements in practice, and surrogacy agreements are not legally enforceable.[3, 4] Sex selection, unless medically indicated to avoid a serious sex-linked genetic disease listed in Schedule 2 of the Ordinance, is prohibited. For intended parents considering the public system, long waiting times have been documented: in April 2023 the Secretary for Health reported in a Legislative Council reply that subfertility assessment took 7.5 to 12 months after referral, and IVF treatment a further four to seven months after the first IVF consultation, with an upper age limit of 40 for the woman.[5]

Is Egg Donation Legal in Hong Kong?

Yes, egg donation, sperm donation and embryo donation are all legal in Hong Kong, but only for married heterosexual couples and only under the conditions set out in the Ordinance and the Council’s Code of Practice. Assisted reproduction in Hong Kong is regulated by the Human Reproductive Technology Ordinance (Cap. 561) (“the Ordinance”), which was enacted in 2000 and took commencement in April 2001, and the Code of Practice on Reproductive Technology and Embryo Research issued by the Council on Human Reproductive Technology (“the Code”). The Code first came into effect on 1 August 2007 and is updated periodically; the current edition was last amended on 21 November 2025, with the amendments coming into effect on 1 December 2025.[1, 6, 7]

Centres providing reproductive technology services must get a treatment license from the Council on Human Reproductive Technology. As stated in the Code of Practice, in Hong Kong, any reproductive technology procedure can be provided only to persons who are parties to a marriage (defined as one man and one woman), and the Code further confines the provision of these procedures to infertile couples.[1, 3]

Following amendments to the Human Reproductive Technology (Licensing) Regulation (Cap. 561A) and the Code that took effect on 1 December 2025, the previous statutory limit of 10 years on storage of gametes and embryos for the patient’s own use was removed. Patients may now decide on the duration of storage for their own gametes and embryos in consultation with their treating centre, although those whose storage has continued for five years or more must receive additional counselling on the medical risks of treatment and pregnancy at advanced maternal age before storage can be extended.[7, 8] The 10-year cap continues to apply to anonymously donated gametes and embryos, and donor gametes or embryos must not be used to bring about more than three live birth events.[3] Sex selection, except for the purpose of avoiding a sex-linked genetic disease specified in Schedule 2 to the Ordinance and certified in writing by at least two registered medical practitioners, is prohibited.[1, 3]

Availability of Donor Eggs, Sperm and Embryos in Hong Kong

Hong Kong does not have any local sperm or egg banks to help to match donors and intended parents, and there are no organisations or agencies operating locally to facilitate matching.[9] There are two main routes to find a donor:

• Ask a relative or a friend to be a “known” donor

• Import donor sperm, donor eggs or donor embryos through an overseas bank or licensed tissue establishment, in compliance with paragraph 9.5 of the Code

An egg donor should be below the age of 35; the Code provides that this limit may be exceeded in appropriate circumstances and, only under exceptional circumstances, may exceed 40, generally healthy, and without a personal or family history suggesting hereditary or familial disease. If the donor has previously donated eggs, the donor’s gametes or embryos must not be used to produce more than 3 live birth events in Hong Kong.[3]

A sperm donor should be under the age of 55 (with the same lower age limit of 18 and the same provision allowing the upper age limit to be exceeded in appropriate circumstances), generally healthy, and without a personal or family history of hereditary or familial disease. If the donor has previously donated sperm, his gametes must not be used to produce more than 3 live birth events in Hong Kong.[3]

Donated embryos are those created by couples during IVF, which are remaining after the couple completes their family. Under the Code, embryos may be stored only for and on behalf of parties to a marriage. The embryos are donated anonymously. For the embryos to be donated, the genetic parents should meet the criteria above. Donated embryos may not be used to bring about more than 3 live birth events in Hong Kong, and the maximum storage period for anonymously donated gametes or embryos is 10 years, or until they have brought about 3 live birth events, whichever is earlier.[3]

Egg Donor Reimbursement in Hong Kong

Commercial or compensated gamete donation is not allowed in Hong Kong; section 16 of the Ordinance and the Code treat gamete and embryo donation as a voluntary act, and section 16 prohibits commercial dealings in gametes or embryos.[1, 3] No payment to the donor is allowed apart from reimbursing the loss of earnings and certain expenses, such as transportation and appointment fees. The reimbursements or compensation given is based strictly on direct expenses incurred by the donor. Under paragraph 5.7 of the Code of Practice and section 16(1)(a) of the Ordinance, reimbursements are allowed for:

• The cost of removing, transporting, or storing an embryo or gamete to be supplied.

• Any expenses or loss of earnings incurred by the donor.

Detailed evidence in the form of receipts, bills, bank statements and pay slips has to be provided by the donor upon making any claim for expenses or loss of earnings. Appendix II of the Code sets specific caps. The maximum daily amount that can be claimed for loss of earnings is HK$380 (approximately US$49). A fixed sum of HK$300 (approximately US$39) is reimbursable for travelling expenses (including the return trip to the centre); for egg donation, the travelling expenses of the person accompanying the donor on the day of egg collection may be reimbursed at the same rate. The maximum daily total that may be paid to any donor for combined expenses and loss of earnings is HK$1,060, increased to HK$1,360 on the day of egg collection (to cover additional travelling expenses for the accompanying person), excluding medical expenses arising from the egg donation procedure, for which there is no upper limit.[3]

Anonymous, Open and Known Donation in Hong Kong

Because of the legal requirements on reimbursement and the absence of local sperm or egg banks, most donations carried out in Hong Kong are between known donors such as friends or family of the intended parents.[9] Anonymous donor eggs or sperm may be imported from licensed overseas providers, subject to paragraph 9.5 of the Code. Under section 34 of the Ordinance, information that could identify a gamete donor is protected by statutory confidentiality, and a child born of a reproductive technology procedure using donor gametes or embryos may, on reaching the age of 16, apply to the Council to ask whether they were donor-conceived and obtain non-identifying information about the donor (sections 33(3)–(5) of the Ordinance). The Code does not provide a formal framework for open or identified donation.[1, 3]

Import and Export of Gametes to and from Hong Kong

Licensed centres in Hong Kong are allowed to import donor sperm, donor eggs or donor embryos for use in fertility treatment, provided that a series of conditions are met. These conditions include: (a) the supplier has fulfilled the statutory health and export requirements of the exporting country; (b) the supplier is from a credible institution with good track records; (c) the supplier has not breached the code of practice in relation to reproductive technology of the exporting country; (d) the supplier certifies that the donated gametes or embryos have been screened against communicable diseases and hereditary disorders in compliance with international professional standards; and (e) the supplier and the receiving centre ensure that the safety and quality of the gametes or embryos are protected throughout transport, including by using a reputable courier, a securely sealed container, suitable cold storage and a specified person to collect the gametes or embryos on arrival.[3]

Exportation is also permitted. If donated gametes or embryos are intended for export for use overseas, this must be specified in the consent form for donation. A donor’s gametes or embryos that have already produced three live birth events in Hong Kong may not be exported for use abroad, and the centre must report any export to the Council within three months, including the personal particulars of the donor or commissioning couple, the destination, the date of export and the reason for export.[3]

Because importation must be coordinated through a Hong Kong licensed centre, intended parents who wish to use imported donor gametes should first consult one of the licensed treatment centres listed by the Council on Human Reproductive Technology, which will manage liaison with the overseas supplier and the necessary regulatory filings.[10] Many international sperm banks indicate that they can ship to Hong Kong, but always through a licensed receiving clinic rather than directly to the patient.[11]

Is Surrogacy Legal in Hong Kong?

No, commercial surrogacy is not legal in Hong Kong; only non-commercial (altruistic) surrogacy is permitted, and only on narrow terms. Commercial surrogacy is prohibited as a criminal offence under section 17 of the Human Reproductive Technology Ordinance (Cap. 561). The law is phrased such that no one may pay a surrogate, no surrogate may receive money, and no one may arrange or advertise a commercial surrogacy arrangement; the offence is punishable by fine and imprisonment.[1] Non-commercial (altruistic) surrogacy remains legal in Hong Kong, but in practice no Hong Kong licensed reproductive technology centre currently provides surrogacy arrangements.[15] In addition, section 14 of the Ordinance requires that the gametes used in a surrogacy arrangement must be those of the parties to the marriage; donor gametes cannot be used in a Hong Kong surrogacy.[1, 3]

Where intended parents do proceed with surrogacy abroad, recognition of their parentage in Hong Kong is governed by sections 9–12 of the Parent and Child Ordinance (Cap. 429). Section 9 deems the gestational carrier to be the legal mother of the child, and section 10 deems her husband (if any) to be the father, regardless of who provided the gametes. To shift legal parentage to the commissioning parents, the couple must apply to the Hong Kong court within six months of the child’s birth for a parental order under section 12. The conditions for a section 12 order include that the child has been carried by a surrogate, that the gametes of the husband or the wife (or both) were used to create the embryo, that the applicants are married to each other, and that no money or other benefit (other than for expenses reasonably incurred) was given or received in connection with the arrangement, unless retrospectively authorized by the court.[14, 16]

Three points are particularly important for intended parents to understand: (1) overseas surrogacy court orders or birth certificates do not by themselves confer legal parentage under Hong Kong law as a Hong Kong parental order is still needed; (2) the parental order route is available only to opposite-sex married couples and excludes same-sex couples; and (3) even where an application is made, the Hong Kong court has discretion to authorise expenses that exceeded “reasonably incurred” only where the welfare of the child so requires.[12, 14, 17]

Can LGBTQIA+ Couples Use IVF in Hong Kong?

No. Same-sex marriage is not recognised in Hong Kong. In Sham Tsz Kit v Secretary for Justice [2023] HKCFA 28, decided on 5 September 2023, the Court of Final Appeal held by a 3:2 majority that the Hong Kong government had a constitutional obligation under Article 14 of the Hong Kong Bill of Rights to establish an alternative framework for legal recognition of same-sex partnerships (such as registered civil partnerships), and gave the government until 27 October 2025 to comply.[18] In July 2025 the government introduced the Registration of Same-Sex Partnerships Bill, which would have allowed limited rights (principally in relation to medical decisions and post-death matters) for same-sex couples whose marriages or civil unions were registered overseas. The Legislative Council rejected the Bill on 10 September 2025.[19, 20]

Because reproductive technology procedures are confined under section 15(5) of the Ordinance to persons who are “parties to a marriage,” and the Code defines that term by reference to the monogamous, opposite-sex definition in the Matrimonial Causes Ordinance, same-sex couples — whether Hong Kong residents or foreign couples with a marriage certificate from another jurisdiction — cannot lawfully access IVF or other reproductive technology procedures at Hong Kong licensed centres.[1, 3] As a practical consequence, many same-sex couples in Hong Kong who wish to build a family pursue reciprocal IVF or surrogacy abroad. Same-sex couples should be aware that the section 12 parental order route under the Parent and Child Ordinance is only available to opposite-sex married couples, so legal parentage of a child born through an overseas surrogacy can be especially difficult to secure on return to Hong Kong; specialist legal advice is essential.[17]

Can Single Women Use IVF in Hong Kong?

No. As provided under section 15(5) of the Ordinance and reflected in the Council on Human Reproductive Technology’s Code of Practice (paragraph 4.1), reproductive technology procedures in Hong Kong may only be provided to parties to a marriage. Single women cannot access IVF, donor insemination or other reproductive technology procedures at Hong Kong licensed centres, regardless of nationality.[1, 3]

Single women resident in Hong Kong therefore commonly travel abroad for these services. The Secretary for Health has clarified in writing that the Ordinance does not regulate or punish people for seeking infertility treatment outside Hong Kong, but intended single mothers should obtain legal advice on the implications of overseas treatment for the legal parentage and Hong Kong residency status of any resulting child.[13]

How to Choose an IVF Clinic in Hong Kong

Public and private hospitals and clinics offer assisted reproductive technology in Hong Kong. Centres providing reproductive technology procedures must obtain a treatment licence from the Council on Human Reproductive Technology. A peer-reviewed 2019 review reported 18 licensed treatment centres in Hong Kong at that time, of which 13 (3 public and 10 private) provided IVF.[2] According to the most recent list published by the Council on Human Reproductive Technology, as of 1 June 2026 there were 19 centres holding treatment licenses.[10] Centres holding only an artificial-insemination-by-husband (AIH) licence are listed separately and cannot perform IVF.

In a written reply to a Legislative Council question on 26 April 2023, the Secretary for Health, Professor Lo Chung-mau, confirmed that waiting times in the public system were long: subfertility assessment took 7.5 to 12 months after referral, and IVF treatment was provided about four to seven months after the first IVF consultation. Eligible women in the public system are entitled to up to three ovarian stimulation cycles. The maximum age for commencing IVF as a public service is 40; for IVF provided as a private service through teaching hospitals, the upper age limit is 45. Together, the assessment and treatment timelines mean that some couples wait well over a year, and sometimes considerably longer, to begin treatment in the public system, which is one reason many turn to private centres or overseas providers.[5] See our section on choosing a clinic for more information.

Legal Assistance and Counselling for Intended Parents in Hong Kong

Because Hong Kong’s reproductive technology framework is narrow and the consequences of non-compliance (particularly in surrogacy and cross-border contexts) can be serious, intended parents are strongly advised to obtain both medical counselling at a licensed centre and independent legal advice from a Hong Kong family law practitioner with experience in surrogacy and assisted reproduction before commencing treatment. Counselling is also mandated by Chapter VII of the Code for clients and donors involved in any reproductive technology procedure.[3] Particular care should be taken before exporting embryos for surrogacy abroad or commencing any commercial surrogacy arrangement overseas, given the extraterritorial reach attributed to section 17 of the Ordinance and the complexity of obtaining a parental order under section 12 of the Parent and Child Ordinance.[12, 17]

Average Costs of IVF with Egg or Sperm Donation in Hong Kong

In the public system, eligible patients pay the standard public hospital admission and outpatient fees, plus charges for laboratory services that vary depending on the type of laboratory procedures required and the number of embryos frozen, ranging from HK$9,000 (approximately US$1,150) to HK$40,000 (approximately US$5,100) per treatment cycle, as confirmed by the Secretary for Health in the April 2023 LegCo reply.[5] However, long waiting times and age restrictions apply, as noted above.

The cost of a single own-egg IVF cycle in private clinics in Hong Kong is generally reported in the range of HK$80,000–HK$150,000 (approximately US$10,000–US$19,500), with additional costs for stimulation medications (typically HK$15,000–HK$35,000), pre-implantation genetic testing (HK$20,000–HK$40,000) and frozen embryo transfer cycles. Donor-egg IVF in Hong Kong is significantly more expensive, with international sources reporting HK$150,000–HK$220,000 (approximately US$19,500–US$28,500) per cycle when using imported donor eggs. Private centres typically offer more flexibility and shorter waiting times than the public system, and from the 2024/2025 tax year assisted reproductive services from licensed Hong Kong providers are eligible for a tax deduction of up to HK$100,000 a year under salaries tax and personal assessment.[21, 22]

The costs of importing donor eggs or donor sperm will be additional and will depend on the country and bank from which the gametes are obtained. Additional fees will be required for a specialised shipping service that complies with government requirements (typically using a reputable courier and a sealed liquid-nitrogen “dry shipper”), and clinics may charge a coordination or import-processing fee on top of the donor gametes themselves.[3, 11]