ADOPTION RULES
Title
ADOPTION RULES
Description
ADOPTION RULES
ARRANGEMENT OF RULES
Rule
Page
Citation ... ... ...
Interpretation ...
Notice of intention
..................... ... ... ... ... ... A 3
A 3
A 3
COMMENCEMENT OF
PROCEEDINGS
4. Proceedings to be disposed of in chambers
5..............Form of application ... ... ...
6. Identity of applicant may be kept confidential
7. Previous applications
APPOINTMENT OF GUARDIAN AD
LITEM
9. Director of Social Welfare to be guardian ad litem subject to rule 9
9. Appointment of some other person as guardian ad litem
EVIDENCE IN SUPPORT OF
APPLICATION
A 3
A 3
A 3
A 4
A 4
10..................Form of statement and consent ... ... ... ... ... ... ... ... ... ... A 4
11................Time for filing evidence ... ... ... ... ... ... ... ... ... ... ... A 4
NOTICE OF
APPLICATION
12. Form of notice
DUTIES OF GUARDIAN AD
LITEM
Guardian ad litem to investigate all relevant circumstances ... ... ... ... A 5
14..................Information to he confidential ... ... ... ... ... ... ... ... ... ... A 5
APPLICATION UNDER SECTION
5(5D)
14A. Mode of application
HEARING OF
APPLICATION
A 5
Appointment for hearing ...
16...........Notice of hearing ............... ... ... ... ... ... ... ... .. ... ... A 6
17...............................Appearance to show cause why order should not be made ... ... ... A 7
18. Conduct of proceedings ... ... ... ... . 1 . ... ... A 7
19. Form of order
20.
21.
22.
FORM AND TRANSMISSION OF
ORDERS
Copy of the order to be sent to Registrar of Births and Deaths and applicant
Copy of order not to be given to other persons ... ... ...
Notification by guardian ad litem of making or refusal of order ...
A 7
A 7
A 8
A 8
Rule
Page
RESTORATION OF PROCEEDINGS AFTER INTERIM ORDER
23.............................Application for further hearing by applicant
24.............................Application for further hearing by guardian ad litem ... . ... A 8
AMENDMENT OF ADOPTION ORDERS
25....................................Amendment of adoption orders, and revocation of directions ex parte ... ... A 8
26....................................Notice of amendment to be sent to Registrar of Births and Deaths ... ... A 8
DIRECTOR OF SOCIAL WELFARE ACTING AS GUARDIAN AD LITEM
27.
28. Methods of service of documents
Delegation of powers and duties .......... ... ... ... ... ... ... ... ... A 8
SERVICE OF DOCUMENTS
ATTESTATION OF CONSENTS, ETC.
29. Persons who may attest documents and declarations outside the Colony
APPLICATIONS UNDER SECTION 6(4)
30. Making and notice of application
31. Dismissal of application for adoption order
APPLICATION OF PRACTICE OF THE DISTRICT COURT
AND OF THE HIGH COURT
32. Practice and procedure of District Court and of High Court to apply
33. Court fees not charged
First Schedule. Forms ..... ... ... ... ...
Second Schedule. Additional matters subject to investigation and report by guardian ad
litem..................... ... ... ... ... ... ...
A 9
A 10
A10
A10
A 10
A28
ADOPTION RULES
(Cap. 4, section 54)
(Cap. 290, section 12)
[12 October 1956.]
1. These rules may be cited as the Adoption Rules.
2. (1) In these rules, unless the context otherwise requires-
'applicant' includes either, as well as both, of 2 joint applicants;
'Ordinance' means the Adoption Ordinance.
(2) A form referred to by number means the form so num-
bered in the First Schedule.
(3) In any discrepancy between the English version and the
Chinese version of any matter in any form, the English version shall
prevail.
3. A notice of intention to apply for an adoption order shall
be in accordance with Form 1.
COMMENCEMENT OF PROCEEDINGS
4. All proceedings under the Ordinance shall be-disposed of
in chambers.
. 5. An application for an adoption order shall be made by
originating summons in Form 2. The proposed adopter shall be the
applicant and the infant shall be the respondent.
6. If any person proposing to apply to the Court for an
adoption order desires that his identity shall be kept confidential, he
may, before taking out an originating summons, apply to the Court
for a serial number to be assigned to him for the purposes of the
proposed application and such a number shall be assigned to him
accordingly.
7. If it appears that the applicant has previously made an
application for an adoption order in respect of the same infant, the
application shall not be proceeded with unless the judge is satisfied
that there has been a substantial change in the circumstances since
the previous application.
APPOINTMENT OF GUARDIAN AD
LITEM
8. (1) Subject to the provisions of rule 9, the Director shall be the
guardian ad litem of the infant for the purposes of the application and a
copy of the summons shall be served on him.
(2) On the service of a copy of the summons in accordance
with paragraph (1), the applicant shall pay to the Director a fee of
of $500 in payment of the proper costs of the Director for acting as
guardian ad litem for the infant:
Provided that the Director, if he should consider such action is
necessary or desirable, may, in his absolute discretion, waive payment
of such fee or any part thereof.
(3) [Deleted, L.N. 139/86]
9. Except where the Director has become guardian ad litem by
virtue of section 5(5F) of the Ordinance, if the applicant desires that
some person other than the Director should be appointed to act as
guardian ad litem, the originating summons must ask for the
appointment of a guardian ad litem and must be supported by an
affidavit by the applicant setting out the facts together with the
consent to act in writing of the proposed guardian ad litem and the
judge may appoint such person as he thinks fit to be the guardian ad
litem.
EVIDENCE IN SUPPORT OF
APPLICATION
10. (1) The evidence in support of the application for an adoption
order shall be given by means of a statement in Form 3 and shall be
verified by affidavit.
(2) Any document signifying the consent of any person to the
making of an adoption order shall, in the case of the consent of
(a)the parent of the infant, be in either Form 4 or Form 4A as the
case may be;
(b)
every person who is a guardian of the infant or who is liable
by virtue of any order or agreement to contribute to the
maintenance of the infant, be in Form 4; and
(c)one of 2 spouses where the application for the adoption
order is made by the other spouse, be in Form 4.
. (3) The form of consent shall be exhibited to the verifying affidavit
referred to in paragraph (1).
11. The said evidence shall be filed within 14 days after the issue
of the originating summons and a copy of the applicant's statement and
of the documents attached thereto shall at the same time be served on
the guardian ad litem.
NOTICE OF
APPLICATION
12. The guardian ad litem shall as soon as practicable serve a
notice in Form 5 on any parent or guardian of the infant who has
signified his consent to the making of an adoption order:
Provided that the notice shall not require to be served on any
parent who has given consent to an adoption order by way of general
consent in Form 4A unless, within the period of 3 months from the day
on which that form was executed, a copy of the originating summons in
Form 2 has been served on the Director in accordance with rule 8(1).
DUTIES OF GUARDIAN AD
LITEM
13. It shall be the duty of the guardian ad litem to investigate as
fully as possible all circumstances relevant to the proposed adoption
with a view to safeguarding the interests of the infant before the Court
and to make a report to the Court for that purpose; and in particular it
shall be his duty
(a)to make inquiries as to all matters alleged in the applicant's
statement and as to the additional matters specified in the
Second Schedule and to report to the Court upon them;
(b)to interview (either by himself or by an agent appointed by
him for the purpose) every individual being an applicant for
the order, or mentioned in the applicant's statement as a
person to whom reference may be made, or a person on whom
notice of the application is required to be served under rule
16, or, where notice is required to be served on a body of
persons, the appropriate officer of such body.
14. The guardian ad litem and any agent of his and, where a body
of persons is appointed as guardian ad litem, every officer of that body
shall treat as confidential all information obtained in the course of the
investigation, and shall not divulge any part of it to any other person
except so far as may be necessary for the proper execution of his duty.
APPLICATION UNDER SECTION
5(5D)
14A. (1) An application by a parent under section 5(5D) of the
Ordinance for an order revoking that parent's consent given in the
prescribed general form of consent shall be made to the High Court in
accordance with paragraph (2) and the proceedings shall thereupon be
transferred to the High Court.
(2) The application under paragraph (1) shall be made-
(a)if an application for an adoption order is pending by
summons in those proceedings; or
(b) if no such application is pending, by originating summons.
(3) The Registrar of the Supreme Court, after giving such
directions (if any) as he thinks necessary, shall fix a date for the hearing
of the application in Chambers.
(4) When the date for the hearing has been fixed, the Registrar of
the Supreme Court shall serve a copy of the summons or originating
summons
in the case of an application made in pending adoption
proceedings (or where adoption proceedings have
subsequently been commenced) on the applicant in those
proceedings, on the guardian ad litem and on every other
person on whom notice has been or will in due course be
served under rule 16;
(b)in any other case, on the guardian ad litem and on any other
person or body who in the Registrar's opinion ought to be
served with' notice of the hearing of the application.
(5) If in any application under this rule a serial number has been
assigned to a person who proposes to apply for an adoption
order
(a)the documents to be served under paragraph (4) shall not
disclose the identity of that person to any other person who
is not already aware of that person's identity; and
(b)the proceedings on the application shall be conducted with a
view to securing that that person is not seen by or made
known to any other person concerned with the application
who is not already aware of his identity, except with his
consent.
(6) Where the application is determined, the Registrar of the
Supreme Court shall serve notice of the effect of the determination and
any order on the applicant and on all the persons served under
paragraph (4).
HEARING OF
APPLICATION
15. The applicant shall obtain an appointment for the hearing of
the application within 14 days after being notified by the guardian ad
litem that he has made his report to the Court. If no appointment is
obtained by the applicant, the guardian ad litem shall obtain an
appointment as soon as practicable for the hearing of the application.
16. On a date being fixed for the hearing of the application, the
guardian ad litem shall serve a notice in Form 6 on
(a)every person whose consent to the order is required under
section 5(5) of the Ordinance; and
(b) the Director unless he is guardian ad litem:
Provided that where the Court is satisfied that any person whose
consent to the order is required by section 5(5) of the Ordinance cannot
be found and that all reasonable steps have been taken to trace such
person the Court may if it thinks fit dispense with service of notice
under this section on such person:
Provided also that it shall not be necessary to serve notice on
(i) the Director if he is a guardian of the infant by virtue of the
Protection of Women and Juveniles Ordinance; or
(ii) the parent of an infant who has given consent to an adoption
order by way of general consent in Form 4A unless the
hearing is to take place within 3 months from the day on
which the form was executed.
17. (1) On the hearing of the application any person on whom
notice is required to be served under rule 16 may appear before the
District Judge to show cause why an adoption order should not be
made. The Director may be represented by any public officer duly
authorized in that behalf by the Director.
(2) If-
(a)any person whose consent is required under section 5(5)(a)
of the Ordinance fails to give consent; or
(b)any person having a proper interest in the application objects
to an adoption order being made,
the District Court shall transfer the application to the High Court.
(3) Any application transferred to the High Court under paragraph
(2) may be retransferred to the District Court at any stage if the High
Court considers that the provisions of section 4A of the Ordinance do
not or no longer require it to be continued in the High Court.
18. Unless the Court is satisfied that the applicant does not desire
his identity to be kept confidential, the proceedings shall be conducted
with a view to securing that he is not seen by or made known to any
person (other than the spouse of the applicant) whose consent to the
order is required.
FORM AND TRANSMISSION OF
ORDERS
19. Unless the Court otherwise orders, an adoption order shall be
drawn up in Form 7, and an interim order in Form 8.
20. On the making of an adoption order, the Registrar of the
Supreme Court or the District Court shall send a sealed copy of the
order to the Registrar of Births and Deaths and to the applicant within 7
days after the order has been passed and entered.
21. No duplicate or copy of an adoption order or interim order shall
be given to or served upon any person other than the Registrar of
Births and Deaths or the applicant except by order of the judge.
22. Where an adoption order is made or refused or an interim order
made, the guardian ad litem shall notify all parties who were not
present when the order was made or refused, without disclosing the
identity of the applicant unless he does not desire his identity to be
kept confidential.
RESTORATION OF PROCEEDINGS AFTER INTERIM
ORDER
23. Where the determination of an application is postponed and an
interim order made the applicant shall, at least 2 months before the
expiration of the period specified in the interim order, obtain an
appointment for the further hearing of the application, and the guardian
ad litem shall serve a notice in Form 9 on every person on whom notice
is required to be served under rule 16.
24. If no appointment is obtained by the applicant as required by
rule 23, the guardian ad litem shall obtain an appointment as soon as
practicable for the further hearing of the application.
AMENDMENT OF ADOPTION
ORDERS
25. An application for an order under section 20(1) of the
Ordinance for the amendment of an adoption order or the revocation of
a direction for the marking of an entry in the registers of births or the
Adopted Children Register may be made ex parte in the first instance in
the Court, but the Court may require notice of that application to be
served on such persons as it thinks fit.
26. Where an order for the amendment of an adoption order or the
revocation of a direction for the marking of an entry in the registers of
births or the Adopted Children Register is made under section 20(1) of
the Ordinance, the Registrar of the Supreme Court or the District Court
shall send to the Registrar of Births and Deaths a notice specifying the
date of the adoption order and the names of the adopter and of the
adopted person (as described in the schedule to the adoption order)
and stating what amendments are to be made in the particulars specified
in that order.
DIRECTOR OF SOCIAL WELFARE ACTING AS GUARDIAN AD
LITEM
27. Where the Director is acting under these rules as guardian ad
litem, anything required or authorized by these rules to be done by the
guardian ad litem may be done by any public officer duly authorized in
that behalf by the Director.
SERVICE OF
DOCUMENTS
28. Any document under these rules may be served-
(a)on an individual, by delivering it to him personally, or by
leaving it with some person for him at his last known or usual
place of abode (whether in the Colony or elsewhere) or by
sending it to him by registered post at that place;
(b)on the Director or on a body of persons, by delivering it at or
sending it by registered post to the principal office of that
officer, or the registered or principal office of that body, as
the case may be.
ATTESTATION OF CONSENTS,
ETC.
29. For the purposes of section 7(2) of the Ordinance, a document
or declaration executed or made by any person outside the Colony shall
be sufficiently attested if it is attested as follows
(a)if the document or declaration is executed or made at any
place in the United Kingdom, the Channel Islands, the Isle of
Man, or in any Colony, protectorate, protected state or United
Kingdom trust territory, by any judge of any court of civil or
criminal jurisdiction, any justice of the peace or magistrate or
any person for the time being authorized by law in that place
to administer an oath for any judicial or other legal purpose;
(b)if the document or declaration is executed or made at any
place in any of the countries mentioned in section 1(3) of the
British Nationality Act 1948 or in the Republic of Ireland or in
any mandated territory or trust territory administered by the
government of any such territory, by any person for the time
being authorized by law in that place to administer an oath for
any judicial or other legal purpose;
if the document or declaration is executed or made at any
other place
(i) by any consular officer of Her Majesty's Government in
the United Kingdom;
(ii) if there is no such consular officer, by any person
authorized by the Secretary of State to administer the oath of
allegiance for the purposes of section 6 or 10 of the British
Nationality Act 1948; or
(iii) if there is no such consular officer and no person so
authorized by the Secretary of State, by any person for the
time being authorized by law in that place to administer an
oath for any judicial or other legal purpose;
if the person by whom the document or declaration is
executed or made is serving in any of Her Majesty's naval,
military or air forces, by any officer holding a commission in
any of those forces.
(c)
(d)
APPLICATIONS UNDER SECTION 6(4) OF THE
ORDINANCE
30. An application under section 6(4) of the Ordinance for leave to
remove the infant from the care and possession of the applicant shall be
made to the judge, and notice thereof shall be served on the guardian
ad litem.
31. Where leave to remove the infant from the care and possession
of the applicant is granted under section 6(4) of the Ordinance, the
judge may, upon granting. leave, dismiss the application for the
adoption order.
APPLICATION OF PRACTICE OF THE DISTRICT
COURT
AND OF THE HIGH COURT
32. Subject to these rules, the practice and procedure of the
District Court and of the High Court shall apply to proceedings under
the Ordinance.
33. No court fees shall be charged in adoption proceedings.
FIRST SCHEDULE
FORM 1
Notice of Intention to apply for an Adoption Order
ADOPTION ORDINANCE
(Chapter 290)
[rule 2.]
[rule 3.]
Notice is hereby given, in accordance with the provisions of section 5(7) of
the
Adoption Ordinance that (1)
.........................................................................................
(and .............both) of
intend to apply for an Order authorizing them to adopt a male/female infant
known as a ...................................................................................................................
Dated this ...............day of 19
(3)
Notes:
(1) Enter the full names and addresses of the applicants.
(2) Enter the full name in English and in Chinese characters, if any, of the infant.
(3) This Form must be signed either by the applicants or by their solictors.
FORM 2
Originating summons on application for an Adoption
Order
IN THE DISTRICT COURT OF HONG KONG
[rule 5.]
His Honour Judge
IN TIE MATTER OF A.B. (1) ........an infant,
and
IN THE MATTER OF the Adoption Ordinance.
BETWEEN C.D. APPLICANT
AND A.B. RESPONDENT
To A.B. of By this summons,
which is issued on the
application of the applicant C.D. of
applicant applies for an order
the
[1. That a guardian ad litem may be appointed for the purpose of safeguarding
the interests of the said
........................................................................
2..........................That the applicant be authorized to adopt the said
3. That the costs of this application be provided for.
Dated the day of '19
of
This summons was taken out by
applicant
solicitors for the said
address is as stated
Notes:
(1) Enter the name(s) and surname which the infant is to bear after the adoption.
(2) Delete this paragraph if the Director of Social Welfare is to act as guardian ad litem.
FORM 3
Statement in support of application for an Adoption
Order
[Heading as in Form 1]
[rule 10.]
I, the undersigned, C.D./We, the undersigned, C.D. and E.D. desire
adopt A.B. - an infant, under the Adoption Ordinance.
2. I am/We are resident in Hong Kong.
3. I am unmarried/a widow/widower/I am married to E.D. of ....................
.............. /We are married to each other and are the persons to
whom the attached marriage certificate (or other evidence of marriage)
relates.
4. The infant is of the .............sex and unmarried. He/She
was born on the ....19 and is the person to whom the
attached birth certificate 11) relates/was born on or about the .....................................
5. The infant is the child/adopted child of (3)
F.B. of ............./whose last known address was
...................... /deceased [and
G.B. of ....../whose last known address was
...............
........................................ /deceased]
[6. The guardian of the infant is H.K. of /The
guardians of the infant are H.K. of .............................................................................
and of ...........................
[7. L.M. of ......is liable by virtue
of an order or agreement to contribute to the maintenance of the infant.]
8. I/We attach a document/documents signifying the consent of the said
CA)
.............. ...(8) to the making of an adoption order
upon my/our application.
[9. I/We request the judge to dispense with the consent of the said
(9) on the following grounds ..............................
10. The infant was received into my/our care and possession on the
....... ....... and has been continuously in my/our care
and
possession since that date.
................... 19
from
11. I/We lodged with the Director of Social Welfare on the ..........................
day of ....................... 19 notice of my/our intention to apply for
an Adoption Order in respect of the infant.
[12. A certificate as to physical and mental health of the infant, signed
by a registered medical
practitioner on the ....................
is attached.)
19 ............................
13. I/We have not received or agreed to receive, and no person has made
or given or agreed to make or give to me/us, any payment or other reward in
consideration of the adoption [except as follows:
14. 1 have not made/Neither of us has made a previous application for
an Adoption Order in respect of the same or any other infant to any court
[except an application made to the
.............................................................................
.............................
on the ............19 .which was dealt with as follows:
[I5.' For the purposes of my/our application reference may be made
N.O. of ..................
[16.I/We desire that my/our identity should be kept confidential, and the
serial number of this application is --- ....... .......
or [I/We do not desire that my/our identity should be kept
confidential].
17.Further particulars of myselflourselves are set out in the annex to
this statement.
-
18. If an adoption order is made in pursuance of my/our application,
it is proposed that the infant should be known as
Dated this day of
. ....... . ....19
...... ...
Usual signature of applicant / applicants)
ANNEX To FORM 3
Further particulars of applicant or
applicants
Particulars of C.D.
Name in full (Block capitals)
..................................................................................
Address
....................................................................................................................... it
Occupation ...........
Date of Birth
Relationship (if any) to the infant ...............
Name in full (Block capitals)
................................................................................... ( * )
Address
....................................................................................................................... :E
Particulars of E.D.
Date of Birth
Relationship (if any) to the infant
..............................................................................
Notes:
(1) This statement must be verified by affidavit, to which the statement, marriage certificate and
other documents referred to in the statement should be exhibited.
(2) Enter the first name(s) and surname as shown in the birth certificate referred to in
paragraph 4, if
available, otherwise enter name(s) and surname by which the infant was known at the time of
the application.
(3) If the infant has previously been adopted, a certified copy of the entry in the Adopted
Children
Register should be attached, and not a certified copy of the original entry in the registers of
births: and the particulars given in paragraph 5 should relate to the parent or parents by adoption
and not to the natural parent or parents.
(4) Where a birth certificate is not attached, enter the place (including country) of birth if
known.
(5)If the infant is illegitimate, the father's name should not be given in this entry; but see paragraph 7.
(6) This paragraph should be completed only if the infant has a legal guardian other than the father
or mother of the infant.
(7) If the infant is illegitimate, enter the name of any person known to the applicant who has
been
adjuded by order to be the putative father of the infant or who has acknowledged himself to
by an order to
be the father of the infant and agreed to contribute to his or her maintenance.
(8) The names to be entered here (or in the following paragraph) are those of the persons named
in paragraphs 5, 6 and 7, and (where the application is made by one of two spouses alone) of
the spouse of the applicant.
(9)This paragraph should be completed with the name of any of the persons mentioned in the
previous note who has not signified his or her consent. See subsections (1) and (2) of section 6
of the Adoption Ordinance.
(10) This paragraph need not he completed if the applicant or either of the applicants is a 'relative' of
the infant as defined by section 2 of the Adoption Ordinance.
This paragraph need not be completed if the applicant or either of the applicants is a 'relative'
or the infant as defined by section 2 of the Adoption Ordinance. Where it is completed more than
one referee may be named if desired.
(12) If the applicant wishes his name to be kept confidential, insert serial number obtained in
pursuance
of rule 6 of the Adoption Ruin.
FORm 4
[rule 10.]
Specific consent to an adoption order in respect of an infant named, A. B. (1)
4
Whereas an application is to be made [by C.D./C.D. and E.D.] (2)
[under the serial number ]
........................................
Whereas the said A.B. (hereinafter called the infant) is not less
than 6 weeks
old, having been born in
.................
.......................... on the
19 and is the person to whom the birth certificate 13) now produced and
shown to be marked 'W' relates] 14):
1, the undersigned of
the mother of the infant/
the father---of the infant/
a guardian of the infant/
a person liable by virtue of any order or agreement to contribute to the
maintenance of the infant/
a person (acting on behalf of a body) having parental rights in respect of
the infant/
the spouse of the said C.D.
hereby state as follows:-
(1) I understand that the effect of an adoption order is to deprive a parent
or guardian of all rights in respect of the maintenance and upbringing of the infant.
(2) I understand that, when the application for an adoption order in
respect of the said A.B. is heard by the judge, this document may be used as
evidence of my consent to the making of the order unless I have notified the
court that I no longer consent 161.
I hereby consent to the making of an adoption order in pursuance of
the said application [on condition that the religious persuasion in which the
infant is brought up is ............................................................................
(Signature)
by the said..............................................................
......................... [who satisfied me that
she
fully understood the nature of the foregoing statement and was prepared to
surrender her child for adoption.]
Before me (Signature)
(Address)
(Description)
Notes:
(1) Insert name as known to the consenting party.
(2) Where the name of applicant is not known to the consenting party, and a serial number has been
obtained for the application under rule 6 of the Adoption Rules, complete the entry contained in
the second square brackets.
(3) If the infant has previously been adopted, a certified copy of the entry in the Adopted
Children
Register should be attached, and not a certified copy of the original entry in the registers of
births; and the description of the consenting party should include the words 'by adoption' where
appropriate.
(4) Delete the words in square brackets except where the consenting party is the mother of the
infant.
(5) Delete all but one of the description which follow.
ME)
(6)If the consenting party is the mother of the infant, the document will not be admissible as evidence
unless the signature is attested by a justice of the peace (or, if executed abroad, by an officer
authoriwd by Adoption Rules--see note (8)). In all cases the document if so attested will be
admissible without further proof of execution.
(7) Delete the words in square brackets if the applicant is named, or if, although the applicant
is not
named, the consenting party does not desire to impose conditions as to religious upbringing.
(8) Where the document is executed outside the Colony, attestation in accordance with rule 29
of the
Adoption Rules, has the same effect as attestation by a justice of the peace.
FORM 4A [rule 10.]
General consent of parent to an adoption order
ADOPTION ORDINANCE
(Chapter 290)
.I, the undersigned
Kong Identity Card No . .........................
of
....................
................... being the married/ unmarried/widowed
parent of ....a male
female (1) infant (hereinafter called the infant) who was born in .............................
on the day of
consent to the making of an adoption order under which the infant to whom the
birth certificate No . - now produced and marked 'A'
relates, will be the adopted child of any person or persons approved and selected
to adopt the infant in accordance with the law of Hong Kong or the country in
which the adoption order will be made and 1 state as follows-
(1) I understand that upon execution of this form by me, I shall cease to
have any parental rights, duties, obligations or liabilities in respect of the infant.
(2) I understand that when an application for an adoption order in respect
of the infant is being heard by
the Court, this document may be used as evidence
of my consent to the making of the order unless I
have notified the Director it within 3
months from the day on which I execute this form that I no longer
consent
(1). (3) I desire that the infant shall be brought up in the ..............................
............................... .
religion.
(4)I do not desire to express a wish with respect to the religious upbringing
of the infant.
..........................
(Signature)
Signed at (5) ......on
by the said ..................................................................................................
who satisfied me that he/she (1) fully understood the foregoing statement and
was prepared to surrender the infant for adoption and all parental rights, duties,
obligations and liabilities ect of the infant.
Before me (Signature)
........................................
(Address)
............................................................
(Description) (4) ...................................................
Notes:
(1)Delete as appropriate.
(2) Insert name of infant m known to the consenting party.
(3) If the infant has previously been adopted, a certified copy of the entry in the Adopted
Children
Register should be attached, and not a certified copy of the original entry in the registers of
births; the description of the consenting party should include the words 'by adoption' where
appropriate.
(4)Where the consenting party is the mother of the infant, the document will not be admissible unless
the signature is attested by a commissioner for oaths or justice of the peace (or if executed abroad,
by an officer authorized by the Adoption Rules-see note (5) ). In all cases the document so attested
wil be admissible without further proof of execution.
(5) Where the document is executed outside the Colony, attestation in accordance with rule 29 of
the Adoption Rules has the same effect as attestation by a commissioner for oaths or justice
& m ffi = -p A 0 z m RA
of the peace.
(6) If the consenting party wishes to revoke this form of consent after the expiry of 3 months
from the
date on which he executes this form, he may apply to the Court in accordance with rule 14A of the
Adoption Rules.
FORm 5
Notice of application for an adoption order in respect
of an infant named A.B.
[rule 12.]
Whereas an application has been made [by C.D./C.D. and E.D.] (3) or
[under the serial number ....
And whereas I . .............. of............ am the
guardian ad litem of the said infant;
Take notice that while the said application is pending, you must not, except
with the leave of the judge, remove the infant from
the care and possession of the
applicant. Application for such leave may be made to the judge,
District Court,
Hong Kong.
Dated the ....................
Notes:
day of ........19
(Signature of guardian ad litem)
...........................................................
(1) Enter the name(s) and surname as known to the person to whom the notice is given and also
any other name(s) by which the infant is known.
(2) Enter the name and address of any parent or guardian of the infant who has signified his
consent
to the making of an adoption order.
(3) The name of the applicant must not be given where a serial number is specified in Forna 3
(paragraph 16). In that ease complete the second entry in square brackets.
FoRm 6
Notice of hearing of application for an adoption
order
in respect of an infant named A.B. (1)
[rule 16.]
Whereas an application has been made [by C.D.1C.D. and E.D.]--- or
[under the serial number ];
And whereas I. ..of ........am the guardian
ad litem of the said infant;
Take notice:
A.that the said application will be heard at the District Court, Hong Kong
on the ..........19 .at the hour of in
the ........noon, and that you may appear to show cause why the
adoption order should not be made.]
B. (3) [That if you do not consent to the making of the order, you should
notify me on or before ......19 in order that a date
and time may be fixed for you to attend and show cause why the adoption order
should not be made. The form below may be detached and used for this
purpose.]
Dated the day of.
(Signature of guardian ad litem)
...........................................................
Notes.
,
(1) Enter the name(s) and surname as known to the person to whom the notice is given and also any
other name(s) by which the infant is known.
(2) The name of the applicant must not be given where the notice is addressed to an individual
and
a serial number is specified in Form 3 (paragraph 16). In that case complete the second entry in
square brackets.
(3) Form A should be completed and Form B struck out where the applicant does not desire his
identity to be kept confidential (see Form 3, paragraph 16). Where a serial number is specified
in that paragraph, Form A must be struck out and Form B completed.
- - - - - - - Perforation - - - - - -
To: The Director of Social Welfare, Hong Kong.
(If the Director of Social Welfare is not the guardian ad litem, the appropriate
address should be substituted).
I have received notice of the hearing of the application for an adoption o
in respect of A.B. an infant.
Delete (a)
or (b).
(b) I do not consent to the making of this order and I wish a
date and time to be fixed for my attendance when I may state
my case.
Signature
Date Address
FORM 7
Adoption order in respect ofan
infant
[Heading as in Form 1]
...................
(Address)
[rule 19.]
Application having been made by C.D., by occupation ......................................
and resident at ........[and E.D. his wife] (hereinafter
called the applicant/ applicants) for an order under the Adoption Ordinance,
authorizing him/her/them to adopt A.B., an infant, the child/adopted child of
F.B.1F.B. and G.B.;
And the said A.B. (hereinafter called the infant) being of the
.........................
sex, and never having been married.,
And the applicant/one of the applicants being
the mother/father of the infant/
being a relative of the infant within the meaning of the said
Ordinance and [both applicants] having attained the age of 21 years/
having attained the age of 25 years and the other applicant having
attained the age of 21 years;
[And the names by which the infant is to be known being P.D.] (1).
[And it having been proved to the satisfaction of the judge that the infant is
identical with A.B., to whom the entry numbered
....................................................
and made on the ......................19
in the registers of births
in the registration office at ........ relates.] (2)
And the [probable] (3) date of the birth of the infant appearing to be
the ................ 19
[And the infant having been previously the subject of an adoption order
dated the ........ 19 of which particulars are entered in
the Adopted Children Register]---;
And all the consents required by the said Ordinance being obtained or
dispensed with;
It is ordered that the applicant/applicants be authorized to adopt the infant;
[And the following payment or reward is sanctioned:
[And as regards costs it is ordered that:
.................. 1 .................1
And it is directed that the Registrar of Births and Deaths shall make in the
Adopted Children Register an entry recording the adoption in accordance with the
particulars set out in the Schedule to this order.
[And it is further directed that the Registrar of Births and Deaths shall cause
the said entry in the registers of births to be marked with the word 'adopted'] (2).
[And it is further directed that the Registrar of Births and Deaths shall cause
the previous entry in the Adopted Children Register relating to the infant to be
marked with the word 're-adopted'] (4).
Dated the .................day of . 19
...................
Registrar, District Court.
SCHEDULE To FORM 7
Notes:
(1) Delete where there is no change of name.
(2)
Delete this entry-
(a) if the infant is not identified with a person whose birth is registered in the registers of births;
(b) if the infant has previously been adopted.
(3) Delete 'probable' where the precise date of the infant's birth is proved.
(4) Delete except where the infant has previously been adopted.
(5) Where a probable date of birth is specified in the body of the order, enter that date without
qualification, If the infant is one of twins, include, if possible, the hour as well as the date
of birth.
(6) Where there is a change, enter only the names by which the infant is to be known.
FORM 8
Interim order in respect of an infant
[Heading as in Form 11
[rule 19.1
Application having been made by C.D., by occupation ...................................
and resident at .......[and E.D. his wife] (hereinafter
called the applicant/applicants) for an order under the Adoption Ordinance,
authorizing him/her/them to adopt A.B., an infant, the childladopted child of
F.B./F.B. and G.B.;
And the said A.B. (hereinafter called the infant) being of the .........................
sex, and never having been married;
And the applicant/one of the applicants being
the mother/father of the infant/
being a relative of the infant within the meaning of the said
Ordinance and [both applicants] having attained the age of 21 years/
having Attained the age of 25 and the other applicant having
attained the age of 21 years;
An with;
And all the consents required by the said Ordinance being obtained or
dispensed
It is ordered that the determination of the application be postponed, and the
custody of the infant be given to the applicant/ applicants for a period ending
on the ............19 by way of a probationary period
upon the following terms, namely .......................................................
...........................................
....................... and that the
applicant/ applicants shall at least 2 months before that date apply for the final
determination of the application;
[And as regards costs it is ordered that
...............................................................
Dated the ................day of . 19
.............
Registrar, District Court.
FORM 9
Notice of further hearing of application for an adoption
order
in respect of an infant named A.B. -
[rule 23.]
To of
Whereas an application has been made [by C.D./C.D. and E.D.] (2) of
[under the serial number ];
And whereas I, of
am the guardian ad litem of the said infant;
And whereas the determination of the said application was postponed and an
interim order was made by His Honour Judge ...........................................................
on the ........19
Take notice:
A. (3) [That the said application will be further heard before the judge at
the District Court, Hong Kong, on the .......
19 ....................at the hour of in the noon and
that you may appear to show cause why the adoption order should not be made].
B. (3) [That if you do not consent to the making of the order, you should
notify me on or before ............19
in order that a date and time may be fixed for you to attend and show cause
why the adoption order should not be made. The form below may be detached
and used for this purpose].
Dated the .................day of 19
(Signature of guardian ad litem) ........................................................
Notes:
(1) Enter name(s) and surname as known to the person to whom the notice is given and also any
other name(s) by which the infant is known.
(2) It name of the applicant must not be given where the notice is addressed to an individual
and
a serial number is specified in Form 3 (paragraph 16). In that case complete the second entry in
square brackets.
(3) Form A should be completed and Form B struck out where the applicant does not desire his
identity to be kept confidential (we Form 3, paragraph 16). Where a serial number is specified in
that paragraph Form A must be struck out and Form B completed.
- - - - - - - - - - - - Perforation - - - - - - - - - - -
To: The Director of Social Welfare, Hong Kong.
(if the Director of Social Welfare is not the guardian ad litem, the appropriate
address should be substituted).
I have received notice of the further hearing of the application for an adoption
order in
respect of A.B. an infant.
Delete (a)I consent to the making of this order.
(9) or (b).
(b) I do not consent to the making of this order and I wish a
(a) 1P (b)
date and time to be fixed for my attendance when I may state
my case.
(Signature)
(Address)
............
(Date)
SECOND SCHEDULE
Additional matters subject to investigation and report by
guardian ad litem
[rule 12.1
PART 1
THE APPLICANT
1. In the case of a joint application, how long the applicants have been
married.
2. In the case of an application by one only of 2 spouses
(a) whether the other spouse consents to the application; and
(b) why he or she does not join in the application.
3. What other children (including adopted children) the applicant has.
4. What is the age and sex of all children living in the home of the applicant,
and what is their relationship to the applicant.
5. What number of living rooms and bedrooms are contained in the home of
the applicant, and what is the condition of the home.
6. What are the means of the applicant.
7. Whether the applicant suffers or has suffered from any serious illness, and
whether there is any history of tuberculosis, epilepsy or mental illness in his or
her family.
8. Whether any person specified in the applicant's statement as a person to
whom reference may be made is a responsible person and recommends the
applicant without reservation.
9. Whether the applicant understands that an adoption order is irrevocable
and that the order if made will render him or her responsible for the maintenance
and upbringing of the infant.
PART 11
THE INFANT
10. Whether the infant has any right to or interest in any property.
11. Whether the infant (if of an age to understand the effect of an adoption
order) wishes the order to be made.
PART 111
THE PARENTS
12. Whether the mother consents to the adoption and identifies the birth
certificate (if any) attached to the applicant's statement as the birth certificate of
the infant.
13. Whether the father consents to the adoption.
14. If the infant is illegitimate, whether an order has been made adjudging any
person to be the putative father of the infant, or an agreement to contribute to
the maintenance of the infant has been made by a perosn acknowledging himself
to be the father of the infant, and in either case whether that person consents to
the adoption.
15. When did the parent or parents part with the infant, and to whom.
16. What are the reasons of the parent or parents for consenting to the
adoption, and whether his or their consent is given without pressure from other
persons.
17. Whether the parent, or each of the parents, understands that an adoption
order is irrevocable, and that the order if made will deprive him or her of all
rights in respect of the maintenance and upbringing of the infant.
18. Where the applicant's statement requests the judge to dispense with the
consent of the parent, or either of the parents, on the ground that he or she
cannot be found, what steps have been taken to trace him or her.
G.N.A. 98/56. G.N.A. 36/58. G.N.A. 76/60. L.N. 54/65. L.N. 45/73. L.N. 228/77. L.N. 337/82. L.N. 139/86. Citation. G.N.A. 36/58. Interpretation. (Cap. 290.) First schedule. G.N.A. 76/60. Notice of intention. Form 1. G.N.A. 76/60. Proceedings to be disposed of in chambers. Form of application. Form 2. Identity of applicant may be kept confidential. L.N. 337/82. Previous applications. Director of Social Welfare to be guardian ad litem subject to rule 9. G.N.A. 76/60. L.N. 228/77. Appointment of some other person as guardian ad item. G.N.A. 76/60. L.N. 228/77. L.N. 139/86. Form of statement and consent. L.N. 228/77. Form 3. Forms 4 & 4A. Time for filing evidence. Form of notice. Form 5. L.N. 139/86. L.N. 228/77. Form 4A. Form 2. Guardian ad litem to investigate all relevant circumstances. Second Schedule. Information to be confidential. Mode of application. L.N. 228/77. L.N. 337/82. Appointment for hearing. Notice of hearing. Form 6. G.N.A. 76/60. L.N. 54/65. L.N. 228/77. (Cap. 213.) Form 4A. Appearance to show cause why order should not be made. G.N.A. 76/60. L.N. 337/82. L.N. 337/82. Conduct of proceedings. Form of order. Forms 7 and 8. G.N.A. 36/58. Copy of the order to be sent to Registrar of Births and Deaths and applicant. L.N .337/82. Copy of order not to be given to other persons. Notification by guardian ad litem of making or refusal of order. Application for further hearing by applicant. Form 9. Application for further hearing by guardian ad litem. Amendment of adoption orders, and revocation of directions ex parte. L.N. 228/77. Notice of amendment to be sent to Registrar of Births and Deaths. L.N. 228/77. L.N. 337/82. Delegation of powers and duties. G.N.A. 76/60. Methods of service of documents. G.N.A. 76/60. Persons who may attest documents and declarations outside the Colony. (1948 c. 56.) L.N. 45/73. (1948 c. 56.) Making and notice of application. Dismissal of application for adoption order. Practice and procedure of District Court and of High Court to apply. L.N .337/82. Court fees not charged. L.N. 54/65. G.N.A. 76/60. L.N. 139/86. L.N. 337/82. L.N. 228/77. *Delete (3) or (4). L.N. 337/82. L.N. 337/82. L.N. 337/82. L.N. 337/82. L.N. 337/82.
Abstract
G.N.A. 98/56. G.N.A. 36/58. G.N.A. 76/60. L.N. 54/65. L.N. 45/73. L.N. 228/77. L.N. 337/82. L.N. 139/86. Citation. G.N.A. 36/58. Interpretation. (Cap. 290.) First schedule. G.N.A. 76/60. Notice of intention. Form 1. G.N.A. 76/60. Proceedings to be disposed of in chambers. Form of application. Form 2. Identity of applicant may be kept confidential. L.N. 337/82. Previous applications. Director of Social Welfare to be guardian ad litem subject to rule 9. G.N.A. 76/60. L.N. 228/77. Appointment of some other person as guardian ad item. G.N.A. 76/60. L.N. 228/77. L.N. 139/86. Form of statement and consent. L.N. 228/77. Form 3. Forms 4 & 4A. Time for filing evidence. Form of notice. Form 5. L.N. 139/86. L.N. 228/77. Form 4A. Form 2. Guardian ad litem to investigate all relevant circumstances. Second Schedule. Information to be confidential. Mode of application. L.N. 228/77. L.N. 337/82. Appointment for hearing. Notice of hearing. Form 6. G.N.A. 76/60. L.N. 54/65. L.N. 228/77. (Cap. 213.) Form 4A. Appearance to show cause why order should not be made. G.N.A. 76/60. L.N. 337/82. L.N. 337/82. Conduct of proceedings. Form of order. Forms 7 and 8. G.N.A. 36/58. Copy of the order to be sent to Registrar of Births and Deaths and applicant. L.N .337/82. Copy of order not to be given to other persons. Notification by guardian ad litem of making or refusal of order. Application for further hearing by applicant. Form 9. Application for further hearing by guardian ad litem. Amendment of adoption orders, and revocation of directions ex parte. L.N. 228/77. Notice of amendment to be sent to Registrar of Births and Deaths. L.N. 228/77. L.N. 337/82. Delegation of powers and duties. G.N.A. 76/60. Methods of service of documents. G.N.A. 76/60. Persons who may attest documents and declarations outside the Colony. (1948 c. 56.) L.N. 45/73. (1948 c. 56.) Making and notice of application. Dismissal of application for adoption order. Practice and procedure of District Court and of High Court to apply. L.N .337/82. Court fees not charged. L.N. 54/65. G.N.A. 76/60. L.N. 139/86. L.N. 337/82. L.N. 228/77. *Delete (3) or (4). L.N. 337/82. L.N. 337/82. L.N. 337/82. L.N. 337/82. L.N. 337/82.
Identifier
https://oelawhk.lib.hku.hk/items/show/3127
Edition
1964
Volume
v19
Subsequent Cap No.
290
Number of Pages
29
Files
Collection
Historical Laws of Hong Kong Online
Citation
“ADOPTION RULES,” Historical Laws of Hong Kong Online, accessed April 30, 2025, https://oelawhk.lib.hku.hk/items/show/3127.
