Baby Danny case shows gaps in Hong Kong’s laws around home births
Giving birth at home with no medical help is legal, but there are unresolved questions around how to best protect the newborn’s health
The unmarried couple’s background includes the loss of a baby a month after birth in Finland. Another child remains under social services care in Sweden. The case is perplexing, but ultimately it is not just about the parental rights of Tsang Wai-bong, a 43-year-old former physiotherapist, and his partner, Kwan Pui-sin, or compliance with procedure. Danny’s welfare and best interests are paramount. Birth registration is the gateway to legal protection, education and welfare. Parents enjoy freedoms and prerogatives, but they must be reconciled with a child’s fundamental rights.
The case came to light through the couple’s social media page, “Save Lily”, where they have been campaigning for the return of their second daughter from Sweden. The family moved there when Finnish officials refused to issue a birth certificate for Lily, ruling that she was a Hong Kong resident.
Swedish police later detained the couple on suspicion of money laundering, prompting social services to take Lily into care. A custody battle continues as the Swedish order remains in place.
Social welfare officials will assess the situation in the context of Danny’s best interests. Options include placement in a care home until old enough for foster care or until it is deemed suitable for the couple to resume custody.