D v. 王 AND ANOTHER

D v. 王 AND ANOTHER

On the evidence (letters of authorization, disappearance of parents, police certificate of missing person, public notices and other tracing efforts) the court was satisfied the parents had abandoned or neglected the child and could not be found despite reasonably practicable steps; accordingly their consents were...

Source-derived case information.

Citation
D v. 王 AND ANOTHER
Parties
Plaintiff: D; 1st Defendant: 王; 2nd Defendant: W
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 2015
Case Number
HCMP1566/2015
Procedural Posture
Adoption Application Under Adoption Ordinance (cap 290) S5 a / Decision (reasons for Decision Delivered 6 November 2015)
Outcome
Application granted: defendants' consents dispensed and the child declared free for adoption; no order as to costs.
Legal Topics
Dispensing Parental Consent, Abandonment and Neglect, Child Welfare and Best Interests, Substituted Service, Tracing and Missing Persons
Source Language
en
Family Law Adoption Law Dispensing Parental Consent Abandonment and Neglect Child Welfare and Best Interests Substituted Service Tracing and Missing Persons

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Parties

D

Plaintiff

王

1st Defendant

W

2nd Defendant

Procedural Posture

Adoption Application Under Adoption Ordinance (cap 290) S5 a / Decision (reasons for Decision Delivered 6 November 2015)

Legal Issues

  1. 1 Whether the court may dispense with parental consent under section 5A and section 6(1) of the Adoption Ordinance
  2. 2 Whether the parents had abandoned or neglected the infant
  3. 3 Whether the parents could be found after reasonably practicable steps to locate them

Ratio Decidendi

On the evidence (letters of authorization, disappearance of parents, police certificate of missing person, public notices and other tracing efforts) the court was satisfied the parents had abandoned or neglected the child and could not be found despite reasonably practicable steps; accordingly their consents were properly dispensed with under ss5A and 6(1) and freeing the child for adoption was in the child's best interests.

Court Disposition

Application granted: defendants' consents dispensed and the child declared free for adoption; no order as to costs.

Orders

  • Consent of the defendants under section 5(5)(a) of the Adoption Ordinance (Cap 290) dispensed with
  • WKY declared free for adoption