Hugill & Ip | View firm profile
IAFL Calls for Equal Legal Protection for All Families in Hong Kong – International family law organization welcomes judicial progress while urging comprehensive legislative reform for same-sex couples and civil partnerships
The International Academy of Family Lawyers (IAFL) has issued a statement reaffirming its commitment to legal protection without discrimination for families and children across international borders, with particular focus on Hong Kong’s evolving legal landscape for same-sex relationships and civil unions.
The statement was released following a gathering held at the offices of Hugill & Ip in Six Pacific Place on 3 December 2025, where leading Hong Kong family law practitioners and IAFL fellows convened to discuss critical issues affecting diverse family structures in Hong Kong. The event provided a platform for dialogue on the legal challenges facing same-sex couples and families in civil unions, bringing together local and international expertise to examine pathways toward comprehensive legislative reform.
“The legal landscape is evolving, and we must ensure that all families receive equal protection under the law,” said Caroline McNally, partner at Hugill & Ip and IAFL fellow. “The recognition of same-sex relationships and civil unions isn’t just a matter of rights — it’s about ensuring children and families have the legal certainty and protections they deserve, regardless of how their families are structured.”
Azan Marwah, barrister at Pantheon Chambers and IAFL fellow, emphasized the international dimensions of these issues: “We regularly see individuals and couples caught between different legal systems, where their relationships are recognized in one jurisdiction but not another. This creates real hardship for families, particularly when dealing with inheritance, custody, or immigration matters. Comprehensive legislative reform in Hong Kong would align us with international human rights standards and provide crucial protections for families with cross-border connections.”
The prestigious international organization, comprising over 1,000 practicing lawyers from 128 jurisdictions worldwide, applauded recent Hong Kong judicial decisions affirming the fundamental human rights of same-sex couples while calling for more comprehensive legislative action to protect all family structures equally under the law.
Judicial progress and legislative opportunities
The IAFL welcomed the Hong Kong Judiciary’s landmark decisions recognizing same-sex partnerships. These developments represent significant progress in aligning Hong Kong’s legal framework with international human rights standards protecting family diversity.
However, the organization emphasized that incremental reforms, while valuable, may not provide the comprehensive protections that families require, encouraging the Hong Kong Government to consider the introduction of marriage equality for same-sex couples, as the best mechanism to protect families. Full marriage equality ought to be positioned as the gold standard for legal protection.
Marriage equality would provide same-sex couples with the complete suite of legal rights, responsibilities, and protections currently available only to heterosexual married couples, including inheritance rights, medical decision-making authority, taxation benefits, immigration status, and parental rights. Piecemeal legislative solutions, while beneficial, often create complex legal frameworks that may leave gaps in protection or create administrative burdens for families navigating multiple registration or recognition schemes.
The overlooked issue: civil unions
Beyond same-sex relationships, the discussion drew attention to another significant gap in Hong Kong’s family law framework: the recognition of heterosexual civil unions celebrated abroad. This issue affects a growing number of families but receives considerably less public attention than same-sex marriage debates.
Civil unions, also known as civil partnerships in many jurisdictions, represent legally recognized relationships that provide similar rights and responsibilities to marriage but under a different legal designation. At least 42 countries across all continents currently offer civil union options, reflecting diverse cultural, religious, and legal traditions regarding relationship recognition.
Many couples choose civil unions for personal, philosophical, or practical reasons. Some prefer the secular nature of civil unions over traditional marriage. Others enter civil unions because they were the only legal option available in their jurisdiction at the time. Regardless of motivation, these families deserve equal legal protection.
When civil union partners relocate to Hong Kong, they face legal uncertainty regarding their relationship status. Without recognition, they may encounter difficulties in areas such as dependent visa applications, medical decision-making, inheritance, joint property ownership, and parental rights. Should the relationship break down, the absence of a dissolution framework creates additional complications, potentially leaving parties without access to financial remedies or clear custody arrangements for children.
International standards
The position reflects evolving international human rights jurisprudence recognizing family diversity. International human rights instruments, including those Hong Kong has committed to upholding, increasingly recognize that the right to family life extends beyond traditional heterosexual marriage to encompass various family formations deserving legal protection.
The organization’s Sexual Orientation and Gender Identity Committee has worked closely with the IAFL Executive Committee in raising awareness among members, providing education on evolving legal standards, and developing this public statement of support for LGBTQ+ rights. This collaboration demonstrates the organization’s institutional commitment to equality principles across its global membership.
Championing LGBTQ+ rights
Hugill & Ip and Pantheon Chambers have been at the forefront of advocating for LGBTQ+ rights and equal marriage in Hong Kong since their respective founding days. The practice has consistently handled groundbreaking matters related to same-sex couples and their families, providing legal representation in landmark cases that have shaped Hong Kong’s evolving jurisprudence on relationship recognition and family rights.
The commitment extends beyond individual client representation to active involvement in policy advocacy, public education, and supporting legislative reform efforts. Through participation in professional organizations like the IAFL and engagement with stakeholders across civil society, they have worked to advance the conversation around marriage equality and comprehensive legal protections for diverse family structures.
“From our very first days, we recognized that family law must serve all families equally,” said Alfred Ip, founding partner of Hugill & Ip. “Our commitment to LGBTQ+ clients and advocacy for same-sex marriage rights reflects our fundamental belief that the law should protect families based on love, commitment, and mutual support — not arbitrary distinctions about who can form a family. We will continue championing full equality until every family in Hong Kong receives the legal recognition and protection they deserve.”
Call for comprehensive legislative reform
The IAFL’s statement invites the local legislative body to introduce comprehensive legislation addressing both same-sex relationships and civil unions on terms of equality with marriage. Such legislation would provide clear recognition frameworks, establish rights and responsibilities for partners and children, and create dissolution mechanisms ensuring fair outcomes when relationships end.
Comprehensive reform would position Hong Kong as a regional leader in family law, attracting international talent, supporting diverse families already residing in the territory, and demonstrating commitment to international human rights obligations. Many leading financial centres have begun addressing these issues, recognizing that inclusive family law frameworks support economic competitiveness by accommodating internationally mobile professionals and their families.
The IAFL, as an organization of the world’s most experienced and skilled family law specialists, brings authoritative expertise to these discussions. Its members regularly navigate cross-border family law issues, witnessing firsthand the practical consequences when legal systems fail to recognize diverse family structures. Their collective experience underscores that comprehensive, equality-based legislative frameworks best serve children’s interests, protect vulnerable parties, and provide legal certainty for families.
As Hong Kong continues its legal evolution on family recognition, the IAFL’s statement provides international perspective and professional expertise supporting comprehensive reform protecting all families equally under the law.