Hong Kong Ordinances

ADOPTION ORDINANCE - SECT 23C

Restriction on removal of infant with a view to adoption

(1) Except under the authority of an order under section 23B, it shall not be
lawful for any person to take or send an infant residing in Hong Kong to any
place outside Hong Kong with a view to the adoption of the infant by any
person not being a parent or relative of the infant.

(2) Any person who takes or sends an infant out of Hong Kong to any place in
contravention of subsection (1), or makes or takes part in any arrangement for
placing an infant with any person for the purpose of adoption as referred to
in that subsection, shall be guilty of an offence and shall be liable to a
fine at level 6 and to imprisonment for 6 months.

(3) For the purposes of subsection (1), “relative” (親屬), in relation
to an infant, means a grandparent, brother, sister, uncle or aunt of the full
blood or of the half blood, but excluding, where the infant is born out of
wedlock, the blood relations of his father.

(4) For the purpose of subsection (2), a person shall be deemed to take part
in an arrangement for placing an infant with a person if—

   (a)  he facilitates the placing of the infant with that person;

   (b)  he initiates or takes part in any negotiations of which the purpose or
        effect is the conclusion of any agreement or the making of any
        arrangement for such placement; or

   (c)  he causes another person to do an act specified in paragraph

   (a)  or (b). (Added 28 of 2004 s. 30) [cf 1976 c. 36 s. 56 U.K.]
        “relative” (親屬)