ADOPTION ORDINANCE

ADOPTION ORDINANCE

LAWS OF HONG KONG

ADOPTION ORDINANCE

CHAPTER 290

REVISED EDITION 1987

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 290

ADOPTION ORDINANCE

ARRANGEMENT OF SECTIONS

Section

1..........Short title ...

2. Interpretation

3..........Delegation ...

MAKING OF ADOPTION
ORDERS

4. Power to make adoption orders

4A. Commencement and transfer of adoption applications ...
5.
5A.
5B.
se.

6.
7.
8.
9.
10.
11.
12.

Restrictions on making adoption orders ...
Freeing infant for adoption ... ... ... ...
Revocation of section 5A order ... ... ...
Validation of adoption orders
Consent to adoption ... ...

Evidence of consent of parent or guardian... ... ... ... ... ... ... ... 8

Functions of Court as to adoption orders ... ... ... ... ... ... ... ... 8

Interim orders ... ... ... ... ... ...
Adoption order in respect of infants previously adopted ...
[Repealed 1
Rules, etc.

Page

2 2
3

3
3
3
5
6
7

7

EFFECTS OF ADOPTION
ORDERS







13. Rights and duties of parents and capacity to marry

14..................Cessation of certain orders, etc . ..
15..................Intestacies, wills and settlements ...

16. Provisions supplementary to section 15
17. Effect of overseas adoption

REGISTRATION OF ADOPTION
ORDERS

18. Adopted Children Register
19. Registration of adoptions
20. Amendment of orders and rectification of Registers

MISCELLANEOUS

9 9
10
10

10
11
11
12

12

14
14

21..............Supervision of infants ........ ... ... ... ... ... ... ... ... ... ... 15

22..................Prohibition of certain payments ... ... ... ... ... ... ... ... ... ... 16
23..................Restrictions upon advertisements ... ... .. 16

24................Offences by corporations .... ... ... ... ... ... ... ... ... ... ... 16

25.........................Adoption to be effected under the Ordinance ... ... ... ... ... ... ... 16

Schedule. Form of entry in Adopted Children Register ...

......... ...
17







CHAPTER 290

ADOPTION

To make provision for the adoption of children.

[12 October 1956.1

1. This Ordinance may be cited as the Adoption Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'adoption order' has the meaning assigned to it by section 4;

'Court' means the High Court or the District Court; (Replaced, 79 of
1981, s. 8)

'Director' means the Director of Social Welfare; (Added, 21 of 1960,
s.2)

'father', in relation to an illegitimate infant, means the natural father;

'general register office' means the general register office appointed
under section 3(1)(c) of the Births and Deaths Registration
Ordinance; (Replaced, 38 of 1979, s. 2)

'infant' means a person under 21 years of age, but does not include a
person who is or has been married;

'interim order' means an order under section 9;

'parent', in relation to a child who is illegitimate, means his mother, to
the exclusion of his father;

'registers of births' means the register books of births kept in
compliance with the provisions of the Births and Deaths
Registration Ordinance and the Births Registration (Special
Registers) Ordinance;

'Registrar' means the Registrar of Births and Deaths;

'relative', in relation to an infant, means a grandparent, brother, sister,
uncle or aunt, whether of the full blood, of the halfblood or by
affinity, and includes

(a)where an adoption order has been made in respect of the
infant or any other person under this Ordinance, any person
who would be a relative of the infant within the meaning of
this definition if the adopted person were the child of the
adopter born in lawful wedlock;





(b)where the infant is illegitimate, the father of the infant and any
person who would be a relative of the infant within the
meaning of this definition if the infant were the legitimate
child of his mother and father.

3. The Director may delegate any of his powers, duties and
functions under this Ordinance to any public officer.

MAKING OF ADOPTION
ORDERS

(Added, 21 of 1960, s. 3)

4. (1) Subject to the provisions of this Ordinance, the Court may,
upon an application made in the prescribed manner, make an order (in
this Ordinance referred to as an adoption order) authorizing the
applicant to adopt an infant.

(2) An adoption order may be made on the application of 2
spouses authorizing them jointly to adopt an infant.

(3) An adoption order may be made authorizing the adoption of an
infant by the mother or father of the infant, either alone or jointly with
her or his spouse.

4A. (1) An application made tinder section 4 or 20 shall be
commenced in the District Court.

(2) An application commenced under subsection (1) may be
transferred by the District Court to the High Court

(a) at the request of any party to the proceedings; or

(b) on the motion of the District Judge.

(3) Rules may provide for the procedures connected with the
transfer of applications to the High Court and for the retransfer of
applications from the High Court to the District Court.

(Replaced, 13 of 1987, s. 2)

5. (1) Subject to the provisions of subsection (2), an adoption
order shall not be made in respect of an infant unless the applicant

(a) is the mother or father of the infant;

(b)is a relative of the infant and has attained the age of 21 years;
or

(e)has attained the age of 25 years. (Replaced, 21 of 1960, s.4)

(2) An adoption order may be made in respect of an infant on the
joint application of 2 spouses

(a)if either of the applicants is the mother or father of the infant;
or





(b)if the condition set out in subsection (1)(b) or (e) is satisfied
in the case of one of the applicants and the other applicant
has attained the age of 21 years. (Added, 21 of 1960, s. 4)

(3) An adoption order shall not be made in respect of an infant who
is a female in favour of a sole applicant who is a male, unless the Court
is satisfied that there are special circumstances which justify as an
exceptional measure the making of an adoption order. (Amended, 48 of
1977, s. 2)

(4) Except as provided by section 4(2), an adoption order shall not
be made authorizing more than one person to adopt an infant.

(5) Subject to sections 5A and 6, an adoption order shall not be
made- (Amended, 48 of 1977, s. 2 and 13 of 1987, s. 3)

(a)in any case, except with the consent of every person who is a
parent or guardian of the infant or who is liable by virtue of
any order or agreement to contribute to the maintenance of
the infant; or

(b)on the application of one of 2 spouses, except with the
consent of the other spouse.

(5A) A parent whose consent to an adoption order is required by
virtue of subsection (5)(a) shall give that consent as the Director
thinks fit in either the prescribed general form of consent or the
prescribed specific form of consent. (Added, 48 of 1977, s. 2)

(5B) Subject to subsection (5C), where the consent of a parent is
given in the prescribed general form of consent, the parent shall cease
to have any parental rights, duties, obligations or liabilities in respect of
the infant with effect from the execution of the form of consent. (Added,
48 of 1977, s. 2)

(5C A parent whose consent to an adoption order was given in the
prescribed general form of consent may revoke his consent by giving
written notice of revocation to the Director within 3 months from the
day on which the form of consent was executed, but subject to
subsections (5D) and (5E) and save as aforesaid the consent shall be
irrevocable. (Added, 48 of 1977, s. 2)

(5D) Notwithstanding subsection (5C), a parent whose consent to
an adoption order was given in the prescribed general form of consent
may, at any time after the expiry of the period of 3 months referred to in
that subsection and before the making of an adoption order, apply to
the Court for an order revoking that consent on the ground that he
wishes to resume the parental rights, duties, obligations and liabilities;
and while the application is pending the Court shall not make any
adoption order in respect of the child the subject of the consent.
(Added, 48 of 1977, s. 2)

(5E) Where the Court makes an order under subsection (5D)
revoking a consent given in the prescribed general form of consent the
parental rights, duties, obligations and liabilities relating to the child
shall vest in the parent; but the order of revocation shall not affect any
right, duty, obligation or liability so far as it relates to any period

before the date of the order.(Added, 48 of 1977, s. 2)





(5F) The Director shall, immediately upon the execution of the
prescribed general form of consent by a parent, be guardian ad litem of
the infant and may, where the infant does not have a guardian or no
guardian can be found, perform such duties of a guardian as may be
necessary in the interests of the welfare of the infant. (Added, 48 of
1977, s. 2)

(6) An adoption order shall not be made in respect of any infant
unless the applicant and the infant reside in the Colony.

(7) An adoption order shall not be made in respect of any infant
unless

(a)subject to paragraph (aa), the infant has been continuously
in the actual custody of the applicant for at least 6
consecutive months immediately preceding the date of the
order; (Amended, 21 of 1960, s. 4 and 13 of 1987, s. 3)

(aa) where the applicant or either of the applicants is a natural
parent of the infant, the infant has been continuously in the
actual custody of the applicant (or both applicants, where
there are joint applicants) for at least 13 weeks immediately
preceding the date of the order; (Added, 13 of 1987, s. 3)

(b) the applicant has not less than-

(i) 6 months before the date of the order; or

(ii) such shorter period before that date as the Court may
allow on application by the applicant,

lodged with the Director notice in writing in the prescribed
form of his intention to apply for an adoption order in respect
of the infant; (Replaced, 62 of 1971, s. 2)

(e)the applicant has, within 4 months after the date of lodging
such notice as is referred to in paragraph (b), applied to the
Court for an adoption order in respect of the infant. (Added,
21 of 1960, s. 4)

(8) For the purposes of subsection (7), continuous actual custody
shall not be regarded as broken during any period when the infant is an
in-patient in a hospital or resides at a boarding school either in or
outside Hong Kong. (Added, 13 of 1987, s. 3)

5A. (1) Subject to subsection (2), where on an application made by
the Director, the Court is satisfied that any consent required by section
5(5)(a) should be dispensed with, it may make an order declaring an
infant free for adoption.

(2) An application in respect of an infant may be made by the
Director under subsection (1) only if under any Ordinance the Director
is the legal guardian of the infant or the infant is in the care of the
Director.





(3) Before making an order under this section, the Court shall
notify every person whose consent is to be dispensed with and who
can be found (other than a person who is incapable of giving his
consent) of the application under subsection (1) and give every such
person an opportunity of being heard.

(4) On the making of an order under this section-

(a)all rights, duties, obligations and liabilities of the parents or
guardians of the infant, referred to in section 13(1), shall vest
in the Director as if the order were an adoption order and the
Director were the adoptor;

(b) the Director may place the infant for adoption; and

(c) section 5(5)(a) shall not apply.

(Added, 13 of 1987, s. 4)

5B. (1) Any person whose consent is required by section 5(5)(a)
(hereinafter in this section referred to as 'former parent'), at any time
more than 1 year after the making of the order under section 5A, may if

(a)no adoption order or interim order has been made in respect
of the infant; and

(b)the infant does not have his home with a person with whom
he has been placed for adoption,

apply to the Court which made the order for a further order revoking it
on the ground that the former parent wishes to resume the rights,
duties, obligations and liabilities referred to in section 13(1).

(2) While an application under subsection (1) is pending the
Director shall not place the infant for adoption without the leave of the
Court.

(3) Where an order under section 5A is revoked under this section

(a)all rights, duties, obligations and liabilities of the parents or
guardians of the infant, referred to in section 13(1), shall be
vested in the person or, as the case may be, the persons in
whom they were vested immediately before that order was
made;

(b)if such rights, duties, obligations and liabilities, or any of
them, were vested in the Director immediately before that
order was made, those rights, duties, obligations and
liabilities shall be vested in the person or, as the case may be,
the persons in whom they were vested immediately before
they were vested in the Director,

but the revocation shall not affect any right, duty, obligation or liability
so far as it relates to any period before the date of revocation.





(4) Subject to subsection (5), where an application under
subsection (1) is dismissed on the ground that to allow it would not be
for the welfare of the infant, the former parent who made the application
shall not be entitled to make any further application under subsection
(1) in respect of the infant.

(5) Subsection (4) shall not apply where the Court which dismissed
the application gives leave to the former parent to make a further
application under subsection (1), but such leave shall not be given
unless it appears to the Court that because of a change in
circumstances or for any other reason it is proper to allow the
application to be made.

(Added, 13 of 1987, s. 4)

5C. Any adoption order made by the District Court prior to the
commencement of the Adoption (Amendment) Ordinance 1987 shall not
be invalid by reason only that the District Court dispensed with any
consent required under section 5(5)(a).

(Added, 13 of 1987, s. 4)

6. (1) The Court may dispense with any consent required by
section 5(5)(a) if it is satisfied

(a)in the case of a parent or guardian of the infant, that he has
abandoned, neglected or persistently ill-treated the infant;

(b)in the case of a person liable by virtue of an order or
agreement to contribute to the maintenance of the infant, that
he has persistently neglected or refused so to contribute;

(c)in any case, that the person whose consent is required
cannot be found or is incapable of giving his consent or that
his consent is unreasonably withheld,

or if it is of opinion that such consent ought, in all the circumstances of
the case, to be dispensed with.

(2) The Court may dispense with the consent of the spouse of an
applicant for an adoption order if satisfied that the person whose
consent is to be dispensed with cannot be found or is incapable of
giving the consent or that the spouses have separated and are living
apart and that the separation is likely to be permanent, or if it is of
opinion that such consent ought, in all the circumstances of the case, to
be dispensed with.

(3) The consent of any person to the making of an adoption order
in pursuance of an application may be given (either unconditionally or
subject to conditions with respect to the religious persuasion in which
the infant is to be brought up) without knowing the identity of the
applicant for the order; and where consent so given by any person is
subsequently withdrawn on the ground only that he does not know the
identity of the applicant, his consent shall be deemed for the purposes
of this section to be unreasonably withheld.





(4) While an application for an adoption order in respect of an
infant is pending in any Court, any parent or guardian of the infant who
has signified his consent to the making of an adoption order in
pursuance of the application shall not be entitled, except with the leave
of the Court, to remove the infant from the care and possession of the
applicant; and in considering whether to grant or refuse such leave the
Court shall have regard to the welfare of the infant.

7. (1) Where any person whose consent to the making of an
adoption order is required by section 5(5)(a) does not attend in the
proceedings for the purpose of giving it, then, subject to the provisions
of subsection (3), a document signifying his consent to the making of
such an order shall, if the person in whose favour the order is to be
made is named in the document or (where the identity of that person is
not known to the consenting party) is distinguished therein in the
prescribed manner, be admissible as evidence of that consent, whether
the document is executed before or after the commencement of the
proceedings:

Provided that this subsection shall not apply to a consent given
by a parent in the prescribed general form of consent. (Added, 48 of
1977, s. 3)

(IA) A document signifying the consent of a parent to the making
of an adoption order given in the prescribed general form of consent,
shall subject to subsection (3), be admissible as evidence of that
consent whether the document is executed before or after the
commencement of the proceedings. (Added, 48 of 1977, s. 3)

(2) Where a document signifying consent to an adoption order,
whether given in the prescribed specific form of consent or the
prescribed general form of consent, is attested by a justice of the peace
or a Commissioner for Oaths (or, if executed outside the Colony, by a
person of any such class as may be prescribed), the, document shall be
admissible as aforesaid without further proof of the signature of the
person by whom it is executed; and for the purposes of this subsection,
a document purporting to be attested as aforesaid shall be deemed to be
so attested, and to be executed and attested on the date and at the place
specified therein, unless the contrary is proved. (Amended, 21 of 1960,
s. 5 and 48 of 1977,s. 3)

(3) A document signifying the consent of the mother of an infant
shall not be admissible under this section unless

(a)the infant is at least 6 weeks old on the date of the execution of
the document; and

(b)the document is attested on that date by a justice of the peace
or a Commissioner for Oaths or, as the case may be, by a
person of a class prescribed for the purposes of subsection
(2). (Amended, 10 of 1963, s. 2)

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





(a)that every person 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 for the welfare of the infant, due
consideration being for this purpose given to the wishes of
the infant, having regard to the age and understanding of the
infant; and

(e)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.

(IA) The Court, in making an adoption order shall consider
whether it is in the interests of the infant that his true 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.

9. (1) Subject to the provisions of this section, the Court may, upon
any application for an adoption order, postpone the determination of
the application and make an interim order giving the custody of the
infant to the applicant for a period not exceeding 2 years by way of a
probationary period upon such terms as regards provision for the
maintenance and education and supervision of the welfare of the infant
and otherwise as the Court may think fit.

(2) All such consents as are required to an adoption order shall be
necessary to an interim order but subject to a like power on the part of
the Court to dispense with any such consent.

(3) An interim order shall not be made in any case where the
making of an adoption order would be unlawful by virtue of section
5(7).

(4) An interim order shall not be deemed to be an adoption order
within the meaning of this Ordinance.

10. (1) An adoption order or an interim order may be made in
respect of an infant who has already been the subject of an adoption
order under this Ordinance.

(2) In relation to an application for an adoption order in respect of
such an infant, the adopter or adopters under the previous or last
previous adoption order shall be deemed to be the parent or parents of
the infant for all the purposes of this Ordinance.





11. [Repealed, 48 of 1977, s. 5]

12. (1) Rules in regard to any matter to be prescribed under this
Ordinance and dealing generally with all matters of procedure and
incidental matters arising out of this Ordinance and for carrying this
Ordinance into effect shall be made by the Chief Justice. (Amended, 92
of 1975, s. 58 and 79 of 1981, s. 8)

(2) Such rules may provide for applications for adoption orders
being heard and determined otherwise than in open court and for the
non-disclosure by the Director of the whereabouts of an infant the
subject of an application under section 5A, where such non-disclosure
is in the interests of the infant. (Amended, 13 of 1987, s.5)

(3) For the purpose of any application for an adoption order, the
Court shall, subject to any rules under this section, appoint some
person to act as guardian ad litem of the infant upon the hearing of the
application with the duty of safeguarding the interests of the infant
before the Court. (Amended, 48 of 1977, s. 6)

EFFECTS OF ADOPTION
ORDERS

13---(1) Upon an adoption order being made, all rights, duties,
obligations and liabilities of the parents or guardians of the infant in
relation to the future custody, maintenance and education of the infant,
including all rights to appoint a guardian to consent or give notice of
dissent to marriage, shall be extinguished, and all such rights, duties,
obligations and liabilities shall vest in and be exercisable by and
enforceable against the adopter as if the infant were a child born to the
adopter in lawful wedlock; and in respect of the matters aforesaid the
infant shall stand to the adopter exclusively in the position of a child
born to the adopter in lawful wedlock.

(2) In any case where 2 spouses are the adopters, the spouses
shall in respect of the matters aforesaid, and for the purpose of the
jurisdiction of any court whatsoever to make orders as to the custody
and maintenance of and right of access to children, stand to each other
and to the infant in the same relation as they would have stood if they
had been the lawful father and mother of the infant and the infant shall
stand to them respectively in the same relation as to a lawful father and
mother respectively.

(3) For the purpose of the law relating to marriage, an adopter and
the person whom he has been authorized to adopt under an adoption
order shall be deemed to be within the prohibited degrees of
consanguinity; and the provisions of this subsection shall continue to
have effect notwithstanding that some person other than the adopter is
authorized by a subsequent order to adopt the same infant.





14. (1) Where an adoption order is made in respect of an infant
who is illegitimate, then, subject to the provisions of this section, any
order or agreement whereby the father of the infant is required or has
undertaken to make payments specifically for the benefit of the infant,
shall cease to have effect, but without prejudice to the recovery of any
arrears which are due under the order or agreement at the date of the
adoption order.

(2) Where an infant to whom any such order or agreement as
aforesaid relates is adopted by his mother, and the mother is a single
woman, the order or agreement shall not cease to have effect by virtue
of subsection (1) upon the making of the adoption order, but shall
cease to have effect if she subsequently marries.

(3) Where an adoption order is made in respect of an infant in
respect of whom an order is in force under section 34 of the Protection
of Women and Juveniles Ordinance, committing the infant to the care of
a person or institution, or under section 35 of that Ordinance regarding
the control and custody of the infant, the last mentioned order shall
cease to have effect.

(4) Where an adoption order is made in respect of an infant of
whom the legal guardianship is vested in the Director, the Director shall
cease to be the legal guardian of the infant. (Amended, 1 of 1958, s. 2,
and 21 of 1960, s. 6)

15. (1) Where, at any time after the making of an adoption order,
the adopter or the adopted person or any other person dies intestate in
respect of any property, that property shall devolve in all respects as if
the adopted person were the child of the adopter born in lawful
wedlock and were not the child of any other person.

(2) In any disposition of property made, whether by instrument
inter vivos or by will (including codicil), after the date of an adoption
order

(a) any reference (whether express or implied) to the child or
children of the adopter shall, unless s the contrary intention
appears, be construed as, or as including, a reference to the
adopted person;

(b)

any reference (whether express or implied) to the child or
children of the adopted person's natural parents or either of
them shall, unless the contrary intention appears, be
construed as not being, or as not including, a reference to the
adopted person; and

(c)any reference (whether express or implied) to a person related
to the adopted person in any degree shall, unless the contrary
intention appears, be construed as a reference to the person
who would be related to him in that degree if he were the child
of the adopter born in lawful wedlock and were not the child
of any other person.





16. (1) Notwithstanding any rule of law, a disposition made
by will or codicil executed before the date of an adoption order shall
not be treated for the purposes of section 15 as made after that date
by reason only that the will or codicil is confirmed by a codicil
executed after that date.

(2) Notwithstanding anything in section 15, trustees or per-
sonal representatives may convey or distribute any property to or
among the persons entitled thereto without having ascertained that
no adoption order has been made by virtue of which any person is or
may be entitled to any interest therein, and shall not be liable to any
such person of whose claim they have not had notice at the time of
the conveyance or distribution; but nothing in this subsection shall
prejudice the right of any such person to follow the property, or any
property representing it, into the hands of any person, other than a
purchaser, who may have received it.

(3) Where an adoption order is made in respect of a person
who has been previously adopted, the previous adoption shall
be disregarded for the purposes of section 15 in relation to the
devolution of any property on the death of a person dying intestate
after the date of the subsequent adoption order and in relation to
any disposition of property made after that date.

17. (1) Where a person has been adopted, whether before or
after the coming into operation of this section, in any place outside
Hong Kong according to the law of that place, and the adoption is
one to which this section applies, then for the purposes of this
Ordinance and all other Hong Kong enactments, the adoption shall
have the same effect as an adoption order validly made in accor-
dance with the provisions of this Ordinance, and shall have no
other effect.

(2) Subsection (1) shall apply to an adoption in any place
outside Hong Kong, if-

(a) the adoption is legally valid according to the law of that
place; and

(b) in consequence of the adoption, the adoptive parents
or any adoptive parent had, or, if the adopted person
had been a young child, would have had, immediately
following the adoption, according to the law of that place,
a right superior to that of any natural parent of the
adopted person in respect of the custody of the person; and

(c) either-
(i) the adoption order was made by an order of any
Court whatsoever of a Commonwealth country or of the
United States of America or of any State or territory of the
United States of America; or
(ii) in consequence of the adoption, the adoptive
parents or any adoptive parent had immediately following
the adoption, according to the law of that place, a right





superior to or equal with that of any natural parent in respect
of any property of the adopted person which was capable of
passing to the parents or any parent of the person in the
event of the person dying intestate without other next of kin
and domiciled in the place where the adoption was made and a
national of the State which had jurisdiction in respect of that
place,

but not otherwise.

(3) Nothing in this section shall restrict or alter the effect of any
other adoption made in any place outside Hong Kong.

(Added, 21 of 1960, s. 7)

REGISTRATION OF ADOPTION
ORDERS

18. (1) The Registrar shall maintain at the general register office a
register, to be called the Adopted Children Register, in which shall be
made such entries as may be directed to be made therein by adoption
orders, but no other entries.

(2) A certified copy of any entry in the Adopted Children Register,
if purporting to be sealed or stamped with the seal of the general
register office, shall, without any further or other proof of that entry, be
received as evidence of the adoption to which it relates and, where the
entry contains a record of the date of the birth or the country of the
birth of the adopted person, shall also be received as aforesaid as
evidence of that date or country in all respects as if the copy were a
certified copy of an entry in the registers of births.

(3) The Registrar shall cause an index of the Adopted Children
Register to be made and kept in the general register office; and every
person shall be entitled to require a search to be made of that index and
to have a certified copy of any entry in the Adopted Children Register
in all respects upon and subject to the same terms, conditions and
regulations as to payment of fees and otherwise as are applicable under
the Births and Deaths Registration Ordinance, in respect of searches in
other indexes kept in the general register office and in respect of the
supply from that office of certified copies of entries in the registers of
births.

(4) The Registrar shall, in addition to the Adopted Children
Register and the index thereof, keep such other registers and books,
and make such entries therein, as may be necessary to record and make
traceable the connexion between any entry in the registers of births
which has been marked 'Adopted' pursuant to section 19 and any
corresponding entry in the Adopted Children Register; but the registers
and books kept under this subsection shall not be, nor shall any index
thereof be, open to public inspection or search, nor, except under an
order of the Court, shall the Registrar furnish any person with any
information contained in or with any copy or extract from any such
registers or books.





(5) Regulations made by the Governor in Council under the Births
and Deaths Registration Ordinance may make provision as to the duties
to be performed by deputy registrars and district registrars appointed
for the purposes of that Ordinance in the execution of this section and
of section 19.

19. (1) Every adoption order shall contain a direction to the
Registrar to make in the Adopted Children Register an entry in the form
set out in the Schedule, and (subject to the provisions of subsection
(2)), shall specify the particulars to be entered under the headings in
columns 2 to 6 of that form.

(2) For the purposes of compliance with the requirements of
subsection (1)

(a)where the precise date of the infant's birth is not proved to
the satisfaction of the Court, the Court shall determine the
probable date of his birth and the date so determined shall be
specified in the order as the date of his birth;

(b)where the name or surname which the infant is to bear after
the adoption differs from his original name or surname, the
new name or surname shall be specified in the order instead of
the original,

and where the country of birth of the infant is not proved to the
satisfaction of the Court, the particulars of that country may,
notwithstanding anything in that subsection, be omitted from the order
and from the entry in the Adopted Children Register.

(3) Where upon any application to the Court for an adoption order
in respect of an infant (not being an infant who has previously been the
subject of an adoption order made by the Court) there is proved to the
satisfaction of the Court the identity of the infant with a child to whom
an entry in the registers of births relates, any adoption order made in
pursuance of the application shall contain a direction to the Registrar to
cause the entry in the registers of births to be marked with the word
'Adopted'.

(4) Where an adoption order is made by the Court in respect of an
infant who has previously been the subject of an adoption order made
by the Court, the order shall contain a direction to the Registrar to
cause the previous entry in the Adopted Children Register to be marked
with the word 'Re-adopted'.

(5) The prescribed officer of the Court shall cause every adoption
order to be communicated in the prescribed manner to the Registrar, and
upon receipt of such communication the Registrar shall cause
compliance to be made with the directions contained in the order both in
regard to marking any entry in the registers of births with the word
'Adopted-, and in regard to making the appropriate entry in the
Adopted Children Register.

20. (1) The Court may, on the application of the adopter or of the
adopted person, amend the order by the correction of any error in the
particulars contained therein, and may





(a)if satisfied on the application of the adopter or of the adopted
person that within 1 year beginning with the date of the order
any new name has been given to the adopted person
(whether in baptism or otherwise), or taken by him, either in
lieu of or in addition to a name specified in the particulars
required to be entered in the Adopted Children Register in
pursuance of the order, amend the order by substituting or
adding that name in those particulars, as the case may
require;

(b)if satisfied on the application of any person concerned that a
direction for the marking of an entry in the registers of births
or the Adopted Children Register included in the order in
pursuance of section 19(3) or (4) was wrongly so included,
revoke that direction. (Replaced, 48 of 1977, s. 7)

(IA) Where an adoption order is amended or a direction revoked
under subsection (1), the prescribed officer of the court shall cause the
amendment to be communicated in the prescribed manner to the
Registrar, who shall as the case may require

(a)cause the entry in the Adopted Children Register to be
amended accordingly; or

(b)cause the marking of the entry in the registers of births or the
Adopted Children Register to be cancelled. (Added, 48 of 1977,
s. 7)

(2) Where an adoption order is quashed or an appeal against an
adoption order allowed, the Court shall give directions to the Registrar
to cancel any marking of an entry in the registers of births, and any
entry or any marking of an entry in the Adopted Children Register,
which was effected in pursuance of the order. (Amended, 48 of 1977, s. 7)

(3) A copy or extract of an entry in any register, being an entry the
marking of which is cancelled under this section, shall be deemed to be
an accurate copy if and only if both the marking and the cancellation
are omitted therefrom.

MISCELLANEOUS

21. (1) Subject to the provisions of subsection (2), the Director or
any public officer authorized by him for the purposes of this section
may visit and examine any infant in respect of whom a notification has
been given to the Director under section 5(7)(b) and may enter and
inspect any premises in which the Director or such public officer has
reason to believe such infant is being kept. (Amended, 1 of 1958, s. 2, and
21 of 1960, s. 6)

(2) The powers conferred by subsection (1) shall cease-

(a) upon such notification being withdrawn; or





(b)in the case of a male infant, upon an adoption order being
made in respect of the infant; or

(c)in the case of a female infant, upon the infant attaining 21
years of age.

(3) Any person who refuses to allow the Director or officer
authorized by him to make a visit, examination, entry or inspection in
accordance with subsection (1) shall be guilty of an offence and shall
be liable to a fine of $2,000. (Amended, 1 of 1958, s. 2, and 21 of
1960, s. 6)

22. (1) Save with the sanction of the Court, no person shall make or
give or agree to make or give, or receive or agree to receive, or attempt
to obtain, any payment, remuneration or reward whatsoever in
connexion, directly or indirectly, with the adoption or proposed
adoption of an infant, except in consideration of the professional
services of a qualified barrister or solicitor within the m meaning of the
Legal Practitioners Ordinance.

(2) Any person who contravenes the provisions of this section
shall be guilty of an offence and shall be liable to a fine of $2,000 and
to imprisonment for 6 months.

(3) The provisions of this section shall not apply to the payment to
the Director of any fee prescribed by rules made in accordance with the
provisions of section 12. (Added, 21 of 1960, s.8)

1 23. (1) Except with the written consent of the Director, no
advertisement shall be published indicating- (Amended, 1 of 1958, s.
2, and 21 of 1960, s. 6)

(a)that the parent or guardian of an infant desires to cause
theinfant to be adopted;

(b) that a person desires to adopt an infant; or

(c)that any person is willing to make arrangements for the
adoption of an infant.

(2) Any person who causes to be published or knowingly
publishes an advertisement in contravention of the provisions of this
section shall be guilty of an offence and shall be liable to a fine of
$1,000.

24. Where any offence under this Ordinance committed by a body
corporate is proved to have been committed with the consent or
connivance of, or to be attributable to any neglect on the part of, any
director, manager, member of the committee, secretary or other officer of
the body, he, as well as the body, shall be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.

25. (1) After 31 December 1972, an adoption in Hong Kong may be
effected only in accordance with this Ordinance.





(2) Subsection (1) shall not affect in any way the status or
rights of a person adopted in Hong Kong under Chinese law and
custom before 31 December 1972.
(Replaced, 28 of 1972, s. 2)

SCHEDULE

FORM OF ENTRY IN ADOPTED CHILDREN REGISTER


Originally 22 of 1956. 1 of 1958. 21 of 1960. 10 of 1963. 62 of 1971. 28 of 1972. 92 of 1975. 48 of 1977. 38 of 1979. 79 of 1981. 80 of 1982. 13 of 1987. 31 of 1987. G.N.A. 94/56. Short title. Interpretation. [cf. 1950 c. 26, s. 45.] (Cap. 174.) (Cap. 174.) (Cap. 175.) Delegation. Power to make adoption orders. 1950 c. 26, s. 1. Commencement and transfer of adoption applications. Restrictions on making adoption orders. 1950 c. 26, s. 2. Freeing infant for adoption. [cf. 1976 c. 36, s. 18.] Revocation of section 5A order. [cf. 1976 c. 36, s. 20.] Validation of adoption orders. (13 of 1987.) Consent to adoption. 1950 c. 26, s. 3. Evidence of consent of parent or guardian. 1950 c. 26, s. 4. Functions of Court as to adoption orders 1950 c. 26, s. 5. Interim orders 1950 c. 26, s. 6. Adoption order in respect of infants previously adopted. 1950 c. 26, s. 7. Rules, etc. 1950 c. 26, s. 8. Rights and duties of parents and capacity to marry. 1950 c. 26, s. 10. Cessation of certain orders, etc. [cf. 1950 c. 26, s. 12.] (Cap. 213.) Intestacies, wills and settlements. 1950 c. 26, s. 13. Provisions supplementary to section 15. 1950 c. 26, s. 14. Effect of overseas adoption. Adopted Children Register. 1950 c. 26, s. 17. (Cap. 174.) (Cap. 174.) Registration of adoptions 1950 c. 26, s. 18 and First Schedule. Schedule. Amendment of orders and rectification of Registers. [cf. 1976 c. 36, Schedule 1, para. 4.] 1950 c. 26, s. 21 (3). 1950 c. 26, s. 21(6). Supervision of infants. [cf. 1950 c. 26, s. 34.] Prohibition of certain payments [cf. 1950 c. 26, s. 37(1).] (Cap. 159.) Restrictions upon advertisements. 1950 c. 26, s. 38. Offences by corporations. 1950 c. 26, s. 41(1). Adoption to be effected under the Ordinance.

Originally 22 of 1956. 1 of 1958. 21 of 1960. 10 of 1963. 62 of 1971. 28 of 1972. 92 of 1975. 48 of 1977. 38 of 1979. 79 of 1981. 80 of 1982. 13 of 1987. 31 of 1987. G.N.A. 94/56. Short title. Interpretation. [cf. 1950 c. 26, s. 45.] (Cap. 174.) (Cap. 174.) (Cap. 175.) Delegation. Power to make adoption orders. 1950 c. 26, s. 1. Commencement and transfer of adoption applications. Restrictions on making adoption orders. 1950 c. 26, s. 2. Freeing infant for adoption. [cf. 1976 c. 36, s. 18.] Revocation of section 5A order. [cf. 1976 c. 36, s. 20.] Validation of adoption orders. (13 of 1987.) Consent to adoption. 1950 c. 26, s. 3. Evidence of consent of parent or guardian. 1950 c. 26, s. 4. Functions of Court as to adoption orders 1950 c. 26, s. 5. Interim orders 1950 c. 26, s. 6. Adoption order in respect of infants previously adopted. 1950 c. 26, s. 7. Rules, etc. 1950 c. 26, s. 8. Rights and duties of parents and capacity to marry. 1950 c. 26, s. 10. Cessation of certain orders, etc. [cf. 1950 c. 26, s. 12.] (Cap. 213.) Intestacies, wills and settlements. 1950 c. 26, s. 13. Provisions supplementary to section 15. 1950 c. 26, s. 14. Effect of overseas adoption. Adopted Children Register. 1950 c. 26, s. 17. (Cap. 174.) (Cap. 174.) Registration of adoptions 1950 c. 26, s. 18 and First Schedule. Schedule. Amendment of orders and rectification of Registers. [cf. 1976 c. 36, Schedule 1, para. 4.] 1950 c. 26, s. 21 (3). 1950 c. 26, s. 21(6). Supervision of infants. [cf. 1950 c. 26, s. 34.] Prohibition of certain payments [cf. 1950 c. 26, s. 37(1).] (Cap. 159.) Restrictions upon advertisements. 1950 c. 26, s. 38. Offences by corporations. 1950 c. 26, s. 41(1). Adoption to be effected under the Ordinance.

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