Hong Kong Case Law: Decisions & Judgments

Topic

Dispensing parental consent

Legal area

Court

3 Aug 2023

DIRECTOR OF SOCIAL WELFARE v. LPK

Citation

[2023] HKCFI 2014
Court

Court of First Instance
Case number

HCAD20/2023

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.
3 Aug 2023

DIRECTOR OF SOCIAL WELFARE v. LPK

Citation

[2023] HKCFI 2014
Court

Court of First Instance
Case number

HCAD19/2023

The Court will grant orders freeing children for adoption and dispense with a natural parent's consent where the Director, as guardian, establishes on evidence that adoption is in the child's best interests and the statutory grounds under s5(5)(a) are met; for Convention adoptions the State of origin (via the Director) must provide counselling and information to the child and must consider and, where required by law, obtain the child's consent or record the child's wishes and opinions, and the Court may impose an enforceable undertaking on the Director to ensure those Convention safeguards ar…
22 Dec 2020

DIRECTOR OF SOCIAL WELFARE v. HJX

Citation

[2020] HKCFI 3127
Court

Court of First Instance
Case number

HCMP67/2020

The court refused to make the freeing order for intercountry adoption because the Director failed to present sufficient evidence and analysis of realistic alternatives, there was inadequate inquiry into family placements and long-term fostering, the child expressed inconsistent views and was not ready to consent to an intercountry adoption, and the Official Solicitor advised against intercountry adoption; accordingly, exercising its discretion under section 5A(1) AO in the child’s best interests, the court adjourned the Freeing Application sine die with liberty to restore.
8 Sept 2020

DIRECTOR OF SOCIAL WELFARE v. YPC

Citation

[2020] HKCFI 2290
Court

Court of First Instance
Case number

HCMP705/2020

Because the putative father, after expressing an intention to assert paternal rights, failed to take any steps over a prolonged period, ignored correspondence and did not pursue legal remedies (including while in custody), the court found he had effectively abandoned any rights and that, in all the circumstances, his consent could be dispensed with under s6(1); accordingly an order was made under s5A(1) declaring the child free for adoption, subject to further safeguards for the child's best interests including separate representation and updated reports.
6 Nov 2015

D v. 王 AND ANOTHER

Citation

D v. 王 AND ANOTHER
Court

Court of First Instance
Case number

HCMP1566/2015

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.
17 Sept 2012

DIRECTOR OF SOCIAL WELFARE v. DTTH

Citation

DIRECTOR OF SOCIAL WELFARE v. DTTH
Court

Court of First Instance
Case number

HCMP1841/2008

The Mother was objectively withholding consent unreasonably because of persistent neglect, failure to establish a stable and drug-free lifestyle, lack of childcare ability or plan, absence and failure to maintain contact, all of which prejudiced the Infant's manifest best interests; accordingly the court was justified under s6(1) to dispense with her consent and free the Infant for adoption.
18 Nov 2011

DIRECTOR OF SOCIAL WELFARE v. WMY

Citation

DIRECTOR OF SOCIAL WELFARE v. WMY
Court

Court of First Instance
Case number

HCMP1292/2011

The evidence established abandonment and neglect of C and D by the mother and that all reasonably practicable steps had been taken to locate her; therefore statutory grounds in section 6(1)(a) and (c) were satisfied and the court properly dispensed with the mother’s consent as adoption was in the children’s best interests.
14 Aug 2006

DIRECTOR OF SOCIAL WELFARE v. L

Citation

DIRECTOR OF SOCIAL WELFARE v. L
Court

Court of First Instance
Case number

HCMP972/2006

Applying the objective test of reasonableness set out in W (An Infant), the court found the parents' prolonged absence, failure to engage meaningfully, their disabilities' effect on parenting, unsuitable living conditions and lack of realistic prospect of providing a safe family environment meant the mother's consent was unreasonably withheld; in this exceptional case the court dispensed with consent and declared the children free for adoption and granted the father rights as if legitimate under s.3(d).