RAINBOW FAMILY
INTRODUCTION
Since the decriminalization of homosexuality in 1991, the LGBTQ+ community in Hong Kong has been advocating for equal rights and acceptance. While progress has been made, challenges remain. Same-sex marriage is not recognized, and laws regarding adoption, multifamily structures, and surrogacy are undefined. Although joint guardianship for same-sex parents was granted in May 2021, comprehensive equality and recognition of diverse families are still being fought for in Hong Kong.
RIGHTS OF HOMOSEXUAL COUPLES
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Parental rights [Same-sex parents were granted a pathway to joint guardianship of their children in May 2021]
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The right for after-arrangements; not including the right to consent to organ donation for education or research, and the right to be buried together [The court stated that there is no distinction between same-sex and opposite-sex spouses for the term ‘spouse’ under the Coroners’ Ordinance in October 2021]
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The right to access subsidized housing [The High Court ruled that excluding same-sex married couples from access to government-subsidized housing as “ordinary families” was unconstitutional and unconstitutional in March 2020]
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Inheritance rights [The Hong Kong’s High Court ruled that same-sex couples should enjoy equal rights under the city’s inheritance laws in 2020]
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The right to enjoy spousal benefits, and tax assessments [The Court of Final Appeal ruled that employment-related spousal benefits such as medical coverage and joint tax assessment should be extended to same-sex couples who married overseas in June 2019]
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The right to have dependent visas [Same-sex spouses have been eligible for dependent visas since 2018]