DIRECTOR OF SOCIAL WELFARE v. LPK

DIRECTOR OF SOCIAL WELFARE v. LPK

Having reviewed the Director's evidence and the Adoption Checklist, the Court concluded adoption is in the best interests of each child and the statutory grounds in section 5(5)(a) of the Adoption Ordinance are satisfied; accordingly the Court granted orders freeing the children for adoption, dispensed with the mother's consent, declared any presumption that Mr Tsang is their father rebutted, and imposed an undertaking on the Director to provide counselling and to obtain and monitor the child's consent/wishes in respect of any Convention adoption until a section 23B order is made.

Citation
[2023] HKCFI 2014
Parties
Plaintiff (guardian): Director of Social Welfare; Defendant (natural Mother): LPK; Infant: LLK; Infant: TLS; Infant: TCN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 2023
Case Number
HCAD20/2023
Procedural Posture
Adoption Application Under Adoption Ordinance (section 5 A) / Originating Summons Heard in Chambers; Decision and Reasons Given
Outcome
Application granted in part and relief ordered as prayed by the Director: children freed for adoption; mother's consent dispensed; presumption of paternity rebutted; undertaking imposed regarding counselling and child's consent/wishes for Convention adoption.
Legal Topics
Convention Adoption, Child Consent and Wishes, Hague Adoption Convention (1993) Implementation, Dispensing Parental Consent, Rebuttal of Paternity Presumption, Undertaking for Post‑adoption Counselling
Source Language
EN
Family Law Adoption Law International Law Child Protection Convention Adoption Child Consent and Wishes Hague Adoption Convention (1993) Implementation Dispensing Parental Consent +2 more

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Parties

Director of Social Welfare

Plaintiff (guardian)

LPK

Defendant (natural Mother)

LLK

Infant

TLS

Infant

TCN

Infant

Procedural Posture

Adoption Application Under Adoption Ordinance (section 5 A) / Originating Summons Heard in Chambers; Decision and Reasons Given

Legal Issues

  1. 1 Whether the children are adoptable and adoption is in their best interests
  2. 2 Whether the Defendant mother's consent can be dispensed with under section 5(5)(a) of the Adoption Ordinance
  3. 3 Whether any legal presumption that Mr Tsang is the father should be rebutted under the Parent and Child Ordinance

Ratio Decidendi

Having reviewed the Director's evidence and the Adoption Checklist, the Court concluded adoption is in the best interests of each child and the statutory grounds in section 5(5)(a) of the Adoption Ordinance are satisfied; accordingly the Court granted orders freeing the children for adoption, dispensed with the mother's consent, declared any presumption that Mr Tsang is their father rebutted, and imposed an undertaking on the Director to provide counselling and to obtain and monitor the child's consent/wishes in respect of any Convention adoption until a section 23B order is made.

Court Disposition

Application granted in part and relief ordered as prayed by the Director: children freed for adoption; mother's consent dispensed; presumption of paternity rebutted; undertaking imposed regarding counselling and child's consent/wishes for Convention adoption.

Orders

  • Children LLK, TLS and TCN freed for adoption under section 5A of the Adoption Ordinance Cap 290
  • Order dispensing with any consent of the Defendant LPK required under section 5(5)(a) of the Adoption Ordinance Cap 290