Hong Kong Ordinances

ADOPTION ORDINANCE - SECT 23B

Order passing care and control of infant with a view to his adoption

(1) Where on an application made to the Court by the Director in relation to
an infant residing in Hong Kong, the Court is satisfied that care and control
of the infant should be passed to a person authorized by the Director for the
purposes of this subsection with a view to adoption of the infant by a person
not residing in Hong Kong, then the Court may, subject to subsection (2), make
an order to that effect.

(2) The Court shall not make an order under subsection (1) unless it is
satisfied—

   (a)  that—

        (i)    the infant is freed for adoption by virtue of an order made
               under section 5A;

        (ii)   consent for the infant to be adopted has been given by each and
               every person whose consent is required by section 5(5)(a); or

        (iii)  (where any person whose consent is required by section  5
               (5)(a) has not given such consent) were the application made
               for an adoption order, his consent ought, in all the
               circumstances of the case, to be dispensed with under
               section 6; and

   (b)  that the order will be in the best interests of the infant, due
        consideration being for this purpose given to the wishes and opinions
        of the infant, having regard to the age and understanding of the
        infant. (Added 28 of 2004 s. 30)