Hong Kong Case Law: Decisions & Judgments

Topic

Dispensation of consent

Legal area

Court

12 Sept 2025

DIRECTOR OF SOCIAL WELFARE v. FC AND ANOTHER

Citation

[2025] HKCFI 4249
Court

Court of First Instance
Case number

HCAD6/2025

On the evidence the presumption of paternity in respect of the Husband was rebutted; the Mother had abandoned and neglected the infant, was untraceable and unfit to parent; adoption (preferably together with sibling FKY) was in the infant’s best interests; therefore the Mother’s consent was dispensed with, the Husband’s consent was not required, and the infant was freed for adoption.
12 Sept 2025

DIRECTOR OF SOCIAL WELFARE v. FC AND ANOTHER

Citation

[2025] HKCFI 4250
Court

Court of First Instance
Case number

HCAD7/2025

On the balance of probabilities the husband’s presumption of paternity was rebutted (mother untraceable, birth certificate left blank, mother’s account that husband was not the biological father and lack of evidence of his involvement). The mother has abandoned and neglected the infant, is unfit and untraceable; adoption is in the infant's best interests (including sibling placement considerations) and delay would prejudice the infant. Accordingly the mother's consent can be dispensed with and the infant may be freed for adoption.
23 Dec 2021

DIRECTOR OF SOCIAL WELFARE v. HPL AND ANOTHER

Citation

[2021] HKCFI 3874
Court

Court of First Instance
Case number

HCAD12/2020

The court found that adoption is in the best interests of the three children based on assessments and the Adoption Checklist, and that the mother had abandoned and neglected the children and could not be found despite reasonable steps; accordingly the mother's consent was dispensed with and the children declared free for adoption; the putative father is not a parent under the Ordinance and his consent was not required.
9 Aug 2013

DIRECTOR OF SOCIAL WELFARE v. HSP

Citation

DIRECTOR OF SOCIAL WELFARE v. HSP
Court

Court of First Instance
Case number

HCMP598/2013

Service out of jurisdiction for applications under ss5A and 6 of the Adoption Ordinance is, in principle, permissible without leave under Order 11 r 1(2) RHC; however dispensation of further service and any final order dispensing consent or freeing the child is premature until the outcome of service through Mainland judicial authorities is known, the identity and whereabouts of the biological father are further investigated and the child's and foster parents' views are ascertained.
25 Apr 1989

RE L

Citation

RE L
Court

Court of Appeal
Case number

CACV31/1989

The appeal was dismissed because the trial judge, who had the advantage of seeing and hearing the parties, properly exercised his discretion under section 5(5D) and was entitled to find the applicant was not genuine or sincere in seeking to resume parental rights; that finding meant the applicant failed the primary threshold for relief and there was no error of law or principle warranting appellate intervention.
21 Feb 1986

RE PHILIPS, DIANA KIT YAN

Citation

RE PHILIPS, DIANA KIT YAN
Court

Court of First Instance
Case number

HCAD2/1985

The father's withholding of consent was not found to be unreasonable and, even if it had been, the court would not have exercised its discretion to dispense with consent in the circumstances of remarriage and step-parent adoption; consequently no adoption order should be made and the court will not decide issues of nationality or right of abode as part of the adoption proceedings.

Hong Kong Case Law

DIRECTOR OF SOCIAL WELFARE v. FC AND ANOTHER

DIRECTOR OF SOCIAL WELFARE v. FC AND ANOTHER

DIRECTOR OF SOCIAL WELFARE v. HPL AND ANOTHER

DIRECTOR OF SOCIAL WELFARE v. HSP

RE L

RE PHILIPS, DIANA KIT YAN