Mrs B AND ANOTHER v. FRC AND ANOTHER

Mrs B AND ANOTHER v. FRC AND ANOTHER

The Court found all statutory requirements under section 8 of the Adoption Ordinance satisfied (informed parental consents, Applicants fit and proper, adoption in C's best interests), and therefore granted the adoption order and dewarding; procedural irregularities were noted but did not undermine the substantive statutory prerequisites and were waived given the circumstances.

Citation
[2021] HKCFI 3534
Parties
1st Applicant / 1st Plaintiff: Mrs B; 2nd Applicant / 2nd Plaintiff: Mr B; Respondent (infant): C; 1st Defendant: FRC; 2nd Defendant: FEAA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 2021
Case Number
HCMP1722/2020
Procedural Posture
Private Local Adoption (with Prior Wardship) / Judgment on Application for Adoption Order and Dewarding (final)
Outcome
Adoption order granted and infant dewarded
Legal Topics
Adoption Order, Best Interests of the Child, Guardian Ad Litem Duties, Wardship and Dewarding, Statutory Compliance With Adoption Rules, Venue and Transfer of Proceedings
Source Language
EN
Family Law Adoption Law Child Welfare Court Procedure Adoption Order Best Interests of the Child Guardian Ad Litem Duties Wardship and Dewarding +2 more

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Parties

Mrs B

1st Applicant / 1st Plaintiff

Mr B

2nd Applicant / 2nd Plaintiff

C

Respondent (infant)

FRC

1st Defendant

FEAA

2nd Defendant

Procedural Posture

Private Local Adoption (with Prior Wardship) / Judgment on Application for Adoption Order and Dewarding (final)

Legal Issues

  1. 1 Whether statutory prerequisites under section 8 of the Adoption Ordinance were satisfied
  2. 2 Whether the adoption is in the best interests of the infant
  3. 3 Whether the Applicants are fit and proper persons to adopt

Ratio Decidendi

The Court found all statutory requirements under section 8 of the Adoption Ordinance satisfied (informed parental consents, Applicants fit and proper, adoption in C's best interests), and therefore granted the adoption order and dewarding; procedural irregularities were noted but did not undermine the substantive statutory prerequisites and were waived given the circumstances.

Court Disposition

Adoption order granted and infant dewarded

Orders

  • Adoption order authorizing the Applicants to adopt C
  • Order dewarding C