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This Week in AsiaPeople

Ageing Asia wants more babies, but excludes LGBTQ couples from starting families at almost every turn

  • From Singapore to New Zealand, same-sex couples often find the doorway to parenthood barred by entrenched conservatism, legal hurdles and prejudice
  • Access to fertility treatments can be restricted, funding unavailable and legal protections lacking – despite a recent Hong Kong ruling offering hope

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Singaporean LGBTQ couple Ching Sia (left) and Cally Cheung with their baby daughter. Under Singapore’s laws, they are classified as single unmarried women, despite getting married in Australia two years ago. Photo: Handout
Amy Sood

In the quest to address dwindling birth rates across much of the Asia-Pacific, governments routinely say they want to encourage people to have more babies.

But from Singapore to New Zealand, this push rarely extends to same-sex couples, who experts say face entrenched conservatism and prejudice that forces them to navigate a legal quagmire if they want to realise their dreams of starting a family.

Hong Kong, whose historically conservative courts are hardly known as a bastion of pro-LGBTQ judgments, did leave the door ajar for same-sex couples seeking to become parents with a landmark ruling last year that awarded both partners in a lesbian couple equal custodial rights over their son, who was conceived via a fertility treatment.
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Before the ruling, only one of the partners would have been recognised as the child’s parent under existing Hong Kong law.

LGBTQ couples in Singapore – with its similar legal system rooted in colonial-era British common law – certainly took notice of the Hong Kong ruling, but legal experts expect its impact to be limited, given the wider lack of legal protections for non-heteronormative people.

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The decision did open a pathway for lesbian couples in Hong Kong to secure joint custody over their children, according to lawyer Evelyn Tsao, who represented one of the women, but “it does not automatically validate all other relationships”.

Many would just rather resign to the fact that the law does not respect their status as a family
Evelyn Tsao, public interest lawyer
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