Hong Kong Regulations

ADOPTION RULES - RULE 31A

Application for an order passing care and control of infant

APPLICATIONS UNDER SECTION 23B OF THE ORDINANCE (L.N. 230 of 2005)

(1) An application for an order under section 23B(1) of the Ordinance for
passing the care and control of an infant to a person authorized by the
Director may be made to the Court by the Director by an ex parte originating
summons.

(2) The application shall be heard by a judge.

(3) The application must be supported by an affidavit by the Director that
sets out—

   (a)  information on the infant’s identity, adoptability, background,
        social environment, family history and medical history;

   (b)  details of the person authorized by the Director for the purposes of
        section 23B(1) of the Ordinance; and

   (c)  the grounds for the Director’s belief that the granting of the order
        will be in the best interests of the infant.

(4) The following documents shall be exhibited to the affidavit—

   (a)  the infant’s birth certificate or any other proof of identity;

   (b)  order by which the Director was appointed as the legal guardian of the
        infant (if applicable);

   (c)  consent of every person whose consent is required by section 5(5)(a)
        of the Ordinance (if applicable);

   (d)  order declaring that the infant is freed for adoption under section 5A
        of the Ordinance (if applicable);

   (e)  copy of the infant study report;

   (f)  statement of acceptance for adoption signed by the prospective
        adopter;

   (g)  copy of the family study and assessment report of the prospective
        adopter; and

   (h)  letter of assumption of responsibility signed by the person referred
        to in paragraph (3)(b) stating that such person is responsible for the
        welfare of the infant while the infant is in the state to which the
        infant is intended to be sent and before the infant is adopted.

(5) In this rule, “Court” (法院) means the Court of First Instance.
(L.N. 230 of 2005) “Court” (法院)