Mrs B AND ANOTHER v. FRC AND ANOTHER

Mrs B AND ANOTHER v. FRC AND ANOTHER

Leave under s.23A(1)(c) is granted because, applying the welfare test, the proposed adoption is in C's best interests: C has lived with and been parented by the plaintiffs for many years, consents to adoption, supportive reports from the Director and Official Solicitor confirm suitability and lack of detriment, and adoption would formalize stable care and confer material and immigration benefits.

Citation
[2021] HKCFI 402
Parties
1st Plaintiff: Mrs B; 2nd Plaintiff: Mr B; 1st Defendant (birth Parent): FRC; 2nd Defendant (birth Parent): FEAA; Subject/minor: C
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 February 2021
Case Number
HCMP1722/2020
Procedural Posture
Guardianship/adoption Originating Summons Under S.23 a Adoption Ordinance / Leave Application Heard in Chambers; Judgment and Leave Granted
Outcome
Leave granted to the 1st and 2nd Plaintiffs to make arrangements for the adoption of C under s.23A(1)(c); C to remain a ward of the Court during her minority; plaintiffs' undertaking to pay defendants' hearing costs approved.
Legal Topics
Section 23 a Adoption Ordinance, Welfare/best Interests Test, Child's Consent and Views, Inherent Jurisdiction/wardship, Court Approval of Costs Undertaking
Source Language
EN
Family Law Adoption Guardianship Wardship Section 23 a Adoption Ordinance Welfare/best Interests Test Child's Consent and Views Inherent Jurisdiction/wardship +1 more

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Parties

Mrs B

1st Plaintiff

Mr B

2nd Plaintiff

FRC

1st Defendant (birth Parent)

FEAA

2nd Defendant (birth Parent)

C

Subject/minor

Procedural Posture

Guardianship/adoption Originating Summons Under S.23 a Adoption Ordinance / Leave Application Heard in Chambers; Judgment and Leave Granted

Legal Issues

  1. 1 Whether leave should be granted under s.23A(1)(c) of the Adoption Ordinance to make arrangements for the adoption of C
  2. 2 Whether the proposed adoption is in the best interests/welfare of C under s.3(1) Guardianship of Minors Ordinance
  3. 3 Whether the plaintiffs are suitable adopters and whether adoption would harm C's ties with birth parents

Ratio Decidendi

Leave under s.23A(1)(c) is granted because, applying the welfare test, the proposed adoption is in C's best interests: C has lived with and been parented by the plaintiffs for many years, consents to adoption, supportive reports from the Director and Official Solicitor confirm suitability and lack of detriment, and adoption would formalize stable care and confer material and immigration benefits.

Court Disposition

Leave granted to the 1st and 2nd Plaintiffs to make arrangements for the adoption of C under s.23A(1)(c); C to remain a ward of the Court during her minority; plaintiffs' undertaking to pay defendants' hearing costs approved.

Orders

  • C, a girl born in 2006, shall remain a ward of this Court during her minority or until further order.
  • The 1st and 2nd Plaintiffs are given leave to make arrangements for the adoption by them of C pursuant to section 23A(1)(c) of the Adoption Ordinance.