In a landmark decision for Hong Kong’s LGBTQ+ community, the High Court granted joint custody, care, and control to a same-sex co-parent (the respondent) in a divorce case.

The applicant (the biological mother) sought the order to ensure the respondent’s continued parental rights post-separation. 

The court recognized the respondent as a “natural” parent based on her psychological and social role in the children’s lives. 

Emphasizing the children’s best interests, the court noted their close bond with both mothers and the potential harm of distinguishing between their parental roles.

This ruling demonstrates the judiciary’s willingness to use existing laws to advance equality, even absent specific legislation for same-sex parental rights.