Hong Kong Ordinances

ADOPTION ORDINANCE - SECT 23A

Restriction on arranging adoption and placing of infant for adoption

(1) Subject to subsections (2) and (3), no person other than—

   (a)  the Director;

   (b)  an accredited body acting under and in accordance with its
        accreditation; or

   (c)  a person acting in pursuance of an order of the Court, shall make
        arrangements for the adoption of an infant, or place an infant for
        adoption.

(2) Subsection (1) shall not apply if the prospective adopter, or

(where the prospective adopters are 2 spouses) either of the prospective
adopters, is—

   (a)  a parent or relative of the infant; or

   (b)  a person who is married to a parent of the infant.

(3) If an arrangement leads to the placement of an infant from a place that
lies outside Hong Kong but within the People’s Republic of China with a
person resident in Hong Kong, then subsection (1) shall not apply to the
arrangement nor the placement.

(4) A person who—

   (a)  contravenes subsection (1); or

   (b)  receives an infant placed with him in contravention of subsection (1),
        shall be guilty of an offence and shall be liable to a fine at level 6
        and to imprisonment for 6 months.

(5) For the purposes of this section, a person shall be deemed to make
arrangements for the adoption of an infant if—

   (a)  he enters into any agreement, or makes any arrangement, for the
        adoption of the infant by any other person where the adoption is
        effected, or is intended to be effected, in Hong Kong or in a place
        outside the People’s Republic of China;

   (b)  he initiates or takes part in negotiations the purpose or effect of
        which is the conclusion of any agreement, or the making of any
        arrangement, as referred to in paragraph (a); or

   (c)  he causes another person to do an act specified in paragraph

   (a)  or (b). (Added 28 of 2004 s. 30) [cf. 1976 c.36 s.11 U.K.; 1976 c.36
        s.72(3) U.K.]