Hong Kong Ordinances

ADOPTION ORDINANCE - SCHEDULE 1

REGISTRATION OF CERTAIN ADOPTIONS MADE OUTSIDE HONG KONG

[sections 18 & 19(6)]

1. Registration of adoptions on the Director’s application

(1) If the Registrar is satisfied, upon the Director’s request for an entry
to be made in the Adopted Children Register under this section, that the
Director has furnished him with sufficient particulars relating to an infant
adopted under a registrable adoption made outside Hong Kong to enable such an
entry to be made for the infant—

   (a)  he shall make the entry accordingly; and

   (b)  if he is also satisfied—

        (i)    that the infant and a child to whom an entry in the registers 
               of births relates are the same person, he shall ensure that the
               entry in those registers is marked with the word “Adopted”
               or the words “受領養”, followed by the name (in
               brackets) of the country in which the adoption was effected; or

        (ii)   from documents furnished by the Director, that the infant has
               previously been the subject of an adoption order made by the
               Court, he shall cause the previous entry in the Adopted
               Children Register to be marked with the word “Re-adopted”
               or the words “再受領養”, followed by the name (in
               brackets) of the country in which the adoption was effected.

(2) An entry made in the Adopted Children Register pursuant to this section
shall be made in the form set out in Schedule 2 of this Ordinance.

(3) On making a request to the Registrar under subsection (1), the Director
shall specify the particulars to be entered under the headings in items 2, 3,
4, 5 and 6 of the form set out in Schedule 2 of this Ordinance, supported with
such documents as the Registrar may require, and—

   (a)  where the Director is not aware of the precise date or the country of
        birth of the infant, the particulars of that date or that country (as
        the case may be) may be omitted from the entry in the Adopted Children
        Register; and

   (b)  where the name or surname which the infant is to bear after the
        adoption differs from his original name or surname, the new name or
        surname shall be specified instead of the original, and if a new name
        or surname is specified pursuant to paragraph (b), the Director shall
        also furnish to the Registrar proof (if available to the Director)
        that the infant and a child whose entry in the registers of  births
        has been marked with the word “Adopted” or the words
        “受領養” are the same person.

(4) In this section— “registrable adoption made outside Hong Kong”
(可登記外地領養) means—

   (a)  a Convention adoption in respect of which—

        (i)    Hong Kong acted as the State of origin; and

        (ii)   an adoption order was made outside Hong Kong on or after the
               commencement* of this Schedule; or

   (b)  an adoption to which section 17 of this Ordinance applies, if—

        (i)    the adopted person was an infant residing in Hong Kong before
               he was placed for the adoption; and

        (ii)   the adoption order concerned was made on or after the
               commencement of this Schedule.

2. Rectification of registers

(1) If the Registrar is satisfied, upon the Director’s request for
rectification of an entry in the Adopted Children Register under this section,
that an adoption order in respect of a registrable adoption made outside Hong
Kong (as defined in section 1(4)) is amended or revoked, he shall—

   (a)  cause the entry in the Adopted Children Register to be amended
        accordingly; or

   (b)  cause the marking of the entry in the registers of births or the
        Adopted Children Register to be cancelled.

(2) A copy or extract of an entry in any register, being an entry the marking
of which is cancelled under this section, shall be deemed to be an accurate
copy if and only if both the marking and cancellation are omitted from the
copy. (Added 28 of 2004 s. 34)
___________________________________________________________________________
_____ Note: + Commencement date: 25 January 2006. “Adopted” or the words
“受領養” “Re-adopted” or the words “再受領養”
“registrable adoption made outside Hong Kong” (可登記外地領養)