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Hong Kong Case Law

Interpretation of 'spouse' under adoption ordinance
  • 22 Nov 2024

    B v. B AND ANOTHER

    Citation
    [2024] HKCFI 3356
    Court
    Court of First Instance
    Case number
    HCAD13/2024

    The court held that an adoption order should be made because, on careful application of the Adoption Checklist and the paramount best interests test, the applicant is a suitable adoptive parent and the adoption is in the child's best interests; the applicant's homosexual orientation and same-sex marriage do not, by themselves, preclude an adoption order and are only one factor among many to be weighed. Whether a same-sex spouse qualifies as a 'spouse' under the Ordinance was unnecessary to decide because the husband had given consent and the Director had considered his role. The transfer to t…