Mrs B AND ANOTHER v. THE OFFICIAL SOLICITOR AS GUARDIAN AD LITEM FOR C

Mrs B AND ANOTHER v. THE OFFICIAL SOLICITOR AS GUARDIAN AD LITEM FOR C

The court granted the adoption and dewarding because statutory requirements under s8 AO were satisfied: birth parents gave informed consent, the Applicants were found fit and proper by the Director and Official Solicitor, there was no payment in consideration of the adoption, and adoption was demonstrably in the best interests of C given long-term placement, strong bonding and the child's own wishes and maturity; procedural irregularities identified were remedied and did not justify refusal.

Citation
[2021] HKCFI 3534
Parties
1st Applicant / 1st Plaintiff: Mrs B; 2nd Applicant / 2nd Plaintiff: Mr B; Respondent / Guardian Ad Litem for C: Official Solicitor; 1st Defendant: FRC; 2nd Defendant: FEAA; Interested Party / Director of Social Welfare: Director of Social Welfare
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 2021
Case Number
HCAD8/2021
Procedural Posture
Adoption and Wardship (hcad 8/2021 & HCMP 1722/2020) / Final Judgment Granting Adoption and Dewarding
Outcome
Adoption order granted and C dewarded
Legal Topics
Adoption Order, Wardship, Guardian Ad Litem Duties, Best Interests of the Child, Procedural Compliance for Private Local Adoption, Transfer and Consolidation of Proceedings
Source Language
EN
Family Law Adoption Child Welfare Guardianship Civil Procedure Adoption Order Wardship Guardian Ad Litem Duties +3 more

Case Brief

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Parties

Mrs B

1st Applicant / 1st Plaintiff

Mr B

2nd Applicant / 2nd Plaintiff

Official Solicitor

Respondent / Guardian Ad Litem for C

FRC

1st Defendant

FEAA

2nd Defendant

Director of Social Welfare

Interested Party / Director of Social Welfare

Procedural Posture

Adoption and Wardship (hcad 8/2021 & HCMP 1722/2020) / Final Judgment Granting Adoption and Dewarding

Legal Issues

  1. 1 Whether statutory requirements for an adoption order under s8 AO were satisfied (consent, best interests, fitness, absence of payment)
  2. 2 Whether the Applicants are fit and proper persons to adopt
  3. 3 Whether the infant's views should be given weight and identity disclosed under s8(1A) AO

Ratio Decidendi

The court granted the adoption and dewarding because statutory requirements under s8 AO were satisfied: birth parents gave informed consent, the Applicants were found fit and proper by the Director and Official Solicitor, there was no payment in consideration of the adoption, and adoption was demonstrably in the best interests of C given long-term placement, strong bonding and the child's own wishes and maturity; procedural irregularities identified were remedied and did not justify refusal.

Court Disposition

Adoption order granted and C dewarded

Orders

  • Order authorising the Applicants to adopt C
  • Order dewarding C