Hong Kong Ordinances

ADOPTION ORDINANCE - SECT 20C

Application of the other Parts of this Ordinance

(1) Subject to the provisions of this Part, all the provisions of the other
Parts of this Ordinance shall apply in relation to a Convention adoption.

(2) An adoption order under section 4 shall be made as a Convention
adoption order if the application is made in respect of a Convention adoption.

(3) An application made under section 4 for the grant of a Convention
adoption order shall be commenced in the Court, and section 4A shall not apply
in relation to the application.

(4) Sections 5(5)(a), (5A), (5B), (5C), (5D), (5E) and (5F), 5A, 5B, 6 (other
than subsection (2)) and 7 shall not apply in relation to any Convention
adoption in respect of which Hong Kong acts as the receiving State.

(5) Section 5(6) shall not apply in relation to any Convention adoption order,
and the Court shall not make a Convention adoption order in respect of an
infant unless—

   (a)  (if Hong Kong acts as the receiving State) the applicant habitually
        resides in Hong Kong and the infant habitually resides in a
        Contracting State; or

   (b)  (if Hong Kong acts as the State of origin) the infant habitually
        resides in Hong Kong and the applicant habitually resides in a
        Contracting State.

(6) Where—

   (a)  an application is made for a Convention adoption order; and

   (b)  the Convention adoption is one in respect of which Hong Kong acts as
        the receiving State, then—

   (c)  section 8(1)(a) shall not apply; and

   (d)  the Court shall be satisfied that any person whose consent is
        necessary under section 5(5)(b), and whose consent is not dispensed
        with, has consented to and understands the nature and effect of the
        adoption  order for which the application is made.

(7) Section 9 shall not apply in relation to an application for a Convention
adoption order. (Part 5 added 28 of 2004 s. 25)