Hong Kong Ordinances

ADOPTION ORDINANCE - SECT 7

Evidence of consent of parent or guardian

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) Where any person whose consent to the making of an adoption  order is
required by section 5(5)(a) does not attend in the proceedings for the purpose
of giving it, then, subject to the provisions of subsection (3), a document
signifying his consent to the making of such an order shall, if the person in
whose favour the order is to be made is named in the document or (where the
identity of that person is not known to the consenting party) is distinguished
therein in the prescribed manner, be admissible as evidence of that consent,
whether the document is executed before or after the commencement of the
proceedings: Provided that this subsection shall not apply to a consent given
by a parent in the prescribed general form of consent. (Added 48 of 1977 s. 3)

(1A) A document signifying the consent of a parent to the making of an
adoption order given in the prescribed general form of consent, shall subject
to subsection (3), be admissible as evidence of that consent whether the
document is executed before or after the commencement of the proceedings.
(Added 48 of 1977 s. 3)

(2) Where a document signifying consent to an adoption order, whether given in
the prescribed specific form of consent or the prescribed general form of
consent, is attested by a Commissioner for Oaths (or, if executed outside Hong
Kong, by a person of any such class as may be prescribed), the document shall
be admissible as aforesaid without further proof of the signature of the
person by whom it is executed; and for the purposes of this subsection, a
document purporting to be attested as aforesaid shall be deemed to be so
attested, and to be executed and attested on the date and at the place
specified therein, unless the contrary is proved. (Amended 21 of 1960 s. 5; 48
of 1977 s. 3; 47 of 1997 s. 10; 66 of 1999 s. 3)

(3) A document signifying the consent of a parent of an infant shall not be
admissible under this section unless- (Amended 28 of 2004 s. 13)

   (a)  the infant is at least 4 weeks old on the date of the execution of the
        document; and (Amended 28 of 2004 s. 13)

   (b)  the document is attested on that date by a Commissioner for Oaths or,
        as the case may be, by a person of a class prescribed for the purposes
        of subsection (2). (Amended 10 of 1963 s. 2; 47 of 1997 s. 10) [cf.
        1950 c. 26 s. 4 U.K.]