Hong Kong Ordinances

GUARDIANSHIP OF MINORS ORDINANCE - SECT 4

Unenforceability of agreements to give up parental rights

(1) An agreement for a man or woman to give up in whole or in part, in
relation to any child of his or hers, the rights and authority referred to in
section 3 shall be unenforceable, except that an agreement made between
husband and wife which is to operate only during their separation while
married may, in relation to a child of theirs, provide for either of them to
do so; but no such agreement between husband and wife shall be enforced by any
court if the court is of opinion that it will not be for the benefit of the
child to give effect to it. [cf. 1973 c. 29 s. 1(2) U.K.]

(2) Where a minor's father and mother disagree on any question affecting his
welfare, either of them may apply to the court for its direction, and subject
to subsection (3) the court may make such order regarding the matters in
difference as it may think proper. [cf. 1973 c. 29 s. 1(3) U.K.]

(3) Subsection (2) shall not authorize the court to make any order regarding
the custody of a minor or the right of access to him of his father or mother.
[cf. 1973 c. 29 s. 1(4) U.K.]

(4) An order under subsection (2) may be varied, discharged, suspended or
revived after being so suspended by a subsequent order made on the application
of either parent or, after the death of either parent, on the application of
any guardian or (before or after the death of either parent) on the
application of any other person having the custody of the minor. (Amended 65
of 1986 s. 2) [cf. 1973 c. 29 s. 1(5) U.K.]

(5) Nothing in this section shall affect the operation of any enactment
requiring the consent of both parents in a matter affecting a minor. (Amended
17 of 1993 s. 19) [cf. 1973 c. 29 s. 1(7) U.K.]