Hong Kong Ordinances

ADOPTION ORDINANCE - SECT 5A

Freeing infant for adoption

(Past version on 30/06/1997).

(1) Subject to subsection (2), where on an application made by the Director,
the Court is satisfied that any consent required by section  5 (5)(a) should
be dispensed with, it may make an order declaring an infant free for adoption.

(2) An application in respect of an infant may be made by the Director under
subsection (1) only if under any Ordinance the Director is the legal guardian
of the infant or the infant is in the care of the Director.

(3) Before making an order under this section, the Court shall notify every
person whose consent is to be dispensed with and who can be found (other than
a person who is incapable of giving his consent) of the application under
subsection (1) and give every such person an opportunity of being heard.

(4) On the making of an order under this section-

   (a)  all rights, duties, obligations and liabilities of the parents or
        guardians of the infant, referred to in section 13(1), shall vest in
        the Director as if the order were an adoption order and the Director
        were the adopter; (Amended L.N. 587 of 1995)

   (b)  the Director or an accredited body may place, subject to the
        provisions of this Ordinance, the infant for adoption; and (Replaced
        28 of 2004 s. 10)

   (c)  section 5(5)(a) shall not apply. (Added 13 of 1987 s. 4) [cf. 1976 c.
        36 s. 18 U.K.]