Adoption
Adoption is regulated by the Adoption Ordinance, Cap. 290. The District Court makes the adoption order, which is full and irrevocable, and the Social Welfare Department acts as the central authority for intercountry cases. The Hague Convention applies to Hong Kong through the People's Republic of China's ratification. Applicants must normally be 25 or over, or 21 if a relative of the child, and the child must have been in their care for a continuous period before the order.
Hong Kong's adoption service is small, well organised and strongly gatekept. Both the Social Welfare Department and a handful of accredited bodies carry out assessments, and every match goes through a central register. The practical result is that private placements simply do not work here.
Cross-boundary situations are common. Families with ties to the mainland sometimes assume a child can be brought across and adopted locally; that is not how it works, and mainland adoptions are handled through the Chinese central authority under the Hague Convention.
Post-adoption support and access to records have improved. Adopted adults may apply to the Social Welfare Department for information about their origins, and the department operates a reunion service where both parties have registered an interest.
Same-sex couples: same-sex marriage is not available; the Court of Final Appeal held in September 2023 that the government must establish a framework for recognising same-sex partnerships, and implementation has been contested. Joint adoption is not available; adoption by a single person is.
Key points
| Statute | Adoption Ordinance, Cap. 290 |
|---|---|
| Court | District Court of Hong Kong |
| Central authority | Social Welfare Department |
| Minimum age | 25, or 21 for a relative of the child |
| Care period | The child must have lived with the applicants for a continuous period before the order |
| Hague Convention | Applies through China's ratification |
In practice
- Apply to the Social Welfare Department's Adoption Unit or to an accredited body.
- Attend the preparation programme and complete the home study assessment.
- Be approved by the Adoption Service Advisory Committee and placed on the register.
- Receive a placement and complete the statutory care period under supervision.
- Apply to the District Court for the adoption order, then register the adoption with the Immigration Department.
Cost and coverage
Local adoption through the Social Welfare Department is largely free apart from court and legal fees of a few thousand Hong Kong dollars. Intercountry adoption through an accredited body costs HKD 100,000 to 250,000 depending on the country. Employees adopting are covered by their employer's policy; statutory maternity leave applies to childbirth rather than adoption.
Recent changes
The number of local children placed for adoption has declined, while more children waiting are older or have special needs; accredited bodies have expanded recruitment for those profiles.
Where to go
- Social Welfare Department, Adoption Unit
- Accredited bodies including Mother's Choice and the International Social Service Hong Kong Branch
- District Court of Hong Kong
- Immigration Department, for the adopted child register and identity documents
- Post-adoption services of the Social Welfare Department
Worth knowing
Private arrangements outside the Social Welfare Department or an accredited body are prohibited, and the court will refuse an order made outside the official route.
Frequently asked questions
Who decides adoptions in Hong Kong?
The District Court makes the order, on the basis of the Social Welfare Department's assessment and report.
Can I arrange an adoption privately?
No. Placements must go through the Social Welfare Department or an accredited body; private arrangements are prohibited.
What is the minimum age to adopt?
25, or 21 if you are a relative of the child.
Does the Hague Convention apply to Hong Kong?
Yes, through China's ratification, so intercountry adoptions follow the Convention procedure with the Social Welfare Department as central authority.
The general article: Adoption · Compare with another country
Assisted reproduction
The Human Reproductive Technology Ordinance, Cap. 561, is administered by the Council on Human Reproductive Technology. Reproductive technology procedures may only be carried out by licensed centres, and treatment involving gametes of a third party or the creation of an embryo outside the body is restricted to persons who are parties to a marriage. Sex selection for non-medical reasons is prohibited. Surrogacy is permitted only on a non-commercial basis, through a licensed centre and using the gametes of the commissioning couple.
The marriage requirement is the defining restriction. It means that a single woman in Hong Kong cannot use donor sperm, and although she may freeze eggs, using them is another matter. Travel to Taiwan and elsewhere has become routine as a result.
Waiting lists in the public system are long enough that the practical choice for many couples is private treatment, at a cost comparable to Western Europe. Comparing centres on live birth rate by age band is harder here than in the UK, since reporting is less granular.
Cross-boundary treatment on the mainland is possible but subject to mainland rules, which also restrict treatment to married couples and prohibit egg freezing for non-medical reasons — so it is not a route around the Hong Kong restrictions.
Same-sex couples: assisted reproduction under the Human Reproductive Technology Ordinance is reserved to married couples; surrogacy must be non-commercial and is tightly restricted.
Key points
| Ordinance | Human Reproductive Technology Ordinance, Cap. 561 |
|---|---|
| Regulator | Council on Human Reproductive Technology |
| Access | Married couples for treatment involving donation or embryos created outside the body |
| Sex selection | Prohibited for non-medical reasons |
| Surrogacy | Non-commercial only, with the commissioning couple's own gametes |
| Storage | Limits set by the Ordinance and the Code of Practice |
In practice
- Obtain a referral to a licensed reproductive technology centre, public or private.
- Complete the work-up; public hospital waiting times are long, so many patients use the private sector.
- Check eligibility: the marriage requirement applies to a broad range of procedures.
- Sign the statutory consent forms, which cover storage and posthumous use.
- For surrogacy, expect a parental order application after the birth; commercial arrangements are unlawful.
Cost and coverage
A private IVF cycle costs HKD 80,000 to 130,000 including medication. Public hospital treatment is far cheaper for eligible residents but waiting lists are long and the number of cycles limited. Egg freezing costs HKD 60,000 to 100,000 plus annual storage.
Recent changes
Demand has risen while the marriage requirement has remained, prompting continued debate about access for single women, who currently travel to Taiwan, Japan or further afield for egg freezing and treatment.
Where to go
- Licensed reproductive technology centres listed by the Council on Human Reproductive Technology
- Queen Mary Hospital and Prince of Wales Hospital, the principal public programmes
- Private centres in Central, Tsim Sha Tsui and Kowloon
- Department of Health, for the Code of Practice
- Patient support organisations attached to the public hospitals
Worth knowing
Arranging a commercial surrogacy, including advertising for one, is an offence under the Ordinance, and the prohibition has been enforced.
Frequently asked questions
Can single women have IVF in Hong Kong?
No. Treatment involving donation or embryos created outside the body is restricted to parties to a marriage.
Is surrogacy allowed?
Only on a non-commercial basis, through a licensed centre and using the commissioning couple's own gametes.
What does a private cycle cost?
HKD 80,000 to 130,000 including medication.
Is sex selection permitted?
No, not for non-medical reasons.
Where is treatment provided?
Only at centres licensed by the Council on Human Reproductive Technology, in both the public and private sectors.
The general article: Assisted reproduction · Compare with another country
Childcare
Standalone childcare places for under-threes are very scarce, kindergarten from three is largely free under the Kindergarten Education Scheme, and foreign domestic helpers are the dominant solution.
Hong Kong's early childhood provision splits sharply at age three. Below that, aided standalone child care centres exist in very small numbers, with long waiting lists, alongside private and occasional care services. From three, the Kindergarten Education Scheme introduced in 2017 provides free or heavily subsidised half-day kindergarten for eligible children. The practical result is that most working families with young children employ a live-in foreign domestic helper, whose terms are set by the standard employment contract.
The gap below age three is the defining feature. It is not a matter of price but of supply: places barely exist. Families plan around it — grandparents, a helper, part-time work — rather than expecting to find a nursery.
The Kindergarten Education Scheme changed the picture from age three considerably. Half-day places are free or almost free for eligible children, and the debate has shifted to whole-day provision, which working parents actually need.
Employing a helper is an employment relationship, not an informal arrangement. The standard contract sets wage, food allowance, rest days and accommodation. Families who treat it casually expose themselves to prosecution, and the helper to real hardship.
Key points
| Under 3 | Very limited aided standalone child care centres; long waiting lists |
|---|---|
| From 3 | Kindergarten Education Scheme: free or heavily subsidised half-day places |
| Regulator | Social Welfare Department for child care; Education Bureau for kindergartens |
| Domestic helpers | Live-in, standard employment contract with a statutory minimum wage |
| Occasional care | Available in limited numbers for short periods |
| Neighbourhood support | Community-based child care projects offering home-based carers |
In practice
- Apply to aided child care centres early; the waiting lists for under-threes are measured in years in some districts.
- From three, apply to kindergartens under the Kindergarten Education Scheme during the admission window.
- If employing a domestic helper, use the standard employment contract and respect the statutory minimum wage and food allowance.
- Look at the Neighbourhood Support Child Care Project for flexible home-based care.
- Check whole-day kindergarten options, which are fewer and partly fee-charging.
Cost and coverage
Kindergarten under the scheme is free or nearly free for half-day places; whole-day places carry a fee. Private full-day care for an under-three is expensive and scarce. A live-in domestic helper costs the minimum allowable wage plus food allowance, insurance, levy and travel, which for many households is comparable to or cheaper than full-day private care.
Recent changes
Government has expanded aided child care places and occasional care in response to persistent shortages for under-threes, while the kindergarten scheme has stabilised costs from age three.
Where to go
- Social Welfare Department, for child care centres and the Neighbourhood Support Child Care Project
- Education Bureau, for the Kindergarten Education Scheme and admission
- Aided and private child care centres in your district
- Immigration Department, for domestic helper visas and contracts
- District social welfare offices, for support services
Worth knowing
Employing a domestic helper carries legal obligations — standard contract, minimum allowable wage, food allowance, suitable accommodation, and no outside work — and breaches are prosecuted.
Frequently asked questions
Can I find a nursery place for a baby in Hong Kong?
Rarely. Aided standalone child care centres for under-threes are very few and waiting lists are long.
Is kindergarten free?
Half-day places are free or heavily subsidised under the Kindergarten Education Scheme for eligible children from age three; whole-day places carry a fee.
What does a domestic helper cost?
The minimum allowable wage plus food allowance, insurance, the employer levy and travel costs, under the standard employment contract.
What is the Neighbourhood Support Child Care Project?
A community scheme providing flexible home-based and centre-based care by trained carers, useful for irregular hours.
The general article: Childcare · Compare with another country
General sources
- GovHK — official government portal