Many people are unaware that Hong Kong’s current birth certificates do not legally require infants to have a surname. The certificate contains only a ‘Name’ field, and there is no legal stipulation that this name must include a surname. In theory, a child could have only a given name without any family surname.
However, the reality is not so straightforward. Although the system does not explicitly state that a surname is mandatory, it implicitly assumes the existence of a surname, which is most often understood to be the father’s. As a result, some birth certificates display full names, with surnames and given names clearly delineated, while others contain only a given name without a clearly presented surname. Both scenarios are legally valid, yet they create confusion in practice: How should forms be filled out? How should passports be processed? How will overseas institutions interpret this?
This confusion is not coincidental; it reflects an institutional ambiguity. While the legal text deliberately downplays the importance of surnames, it nonetheless perpetuates traditional familial norms, implicitly endorsing the patrilineal path as the standard. The father’s surname becomes an unexamined option, while the mother’s surname or other choices often require justification and face social pressure. Although the law does not prohibit alternative surnames, it shifts the burden of deviating from the paternal surname onto families to navigate.
The issue is not whether one can forgo the father’s surname, but rather why the father’s surname is still treated as the default. As long as this assumption exists, choices will never be equitable.
Reform is not difficult. It simply requires the elimination of any default preference and mandates that parents jointly declare the surname, clearly informing society that a surname is an option, not an unwritten rule. A birth certificate should not be a source of confusion, nor should it surreptitiously endorse a particular family order.
True equality does not allow for exceptions; it eliminates the need for exceptions altogether.
