Hong Kong Ordinances

ADOPTION ORDINANCE - SECT 8

Functions of Court as to adoption orders

(Past version on 30/06/1997).

(1) The Court before making an adoption order shall be satisfied-

   (a)  that every person (other than a parent referred to in section  5
        (1)(c) if the adoption order is applied for under that section) whose
        consent is necessary under this Ordinance, and whose consent is not
        dispensed with, has consented to and understands the nature and effect
        of the adoption order for which application is made, and in particular
        in the case of any parent understands that the effect of the
        adoption order will be permanently to deprive him or her of his or her
        parental rights;

   (b)  that the order if made 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;

   (ba) that section 5AA or 27A(2) (as the case may be) has been complied with
        and that, taking into account the information obtained by the Director
        from the Commissioner of Police, the applicant is a fit and proper
        person to be granted the adoption order; and (Added 28 of 2004 s. 14)

   (c)  that the applicant has not received or agreed to receive, and that no
        person has made or given or agreed to make or give to the applicant,
        any payment or other reward in consideration of the adoption except
        such as the Court may sanction.

(1A) The Court, in making an adoption order shall consider whether it is in
the interests of the infant that his original identity should be disclosed to
him, having regard to the views of the prospective adopter, the opinion of the
Director and also to the age and understanding of the infant. (Added 48 of
1977 s. 4)

(2) The Court in an adoption order may impose such terms and conditions as the
Court may think fit, and in particular may require the adopter by bond or
otherwise to make for the infant such provision (if any) as in the opinion of
the Court is just and expedient. (Amended 28 of 2004 s. 14) [cf. 1950 c. 26 s.
5 U.K.]