Cap. 290 sub. leg. D

Convention Adoption Rules(Cap. 290, section 12(1))(Enacting provision omitted—E.R. 5 of 2021) [25 January 2006](Format changes—E.R. 5 of 2021) 1. (Omitted as spent—E.R. 5 of 2021)Preliminary 2. Interpretation (1) In these Rules, unless the context otherwise requires—adoption application (領養申請) means an application for a Convention adoption order;adoption certificate (領養證書) means a Convention adoption certificate;adoption order (領養令) means a Convention adoption order;applicant (申請人) includes either, as well as both, of 2 joint applicants;Court (法院) means the Court of First Instance;guardian ad litem (訴訟監護人) means a guardian ad litem of an infant for the purposes of the adoption application that relates to the infant.(2) Expressions used in these Rules that are defined in Part 5 of the Ordinance shall have the respective meanings assigned to them in that Part.(3) A reference to a form described by a combination of an alphabet and a number shall, unless otherwise stated, be construed as a reference to a form so described and set out in Schedule 1. 3. Application These Rules apply only to and in relation to Convention adoption. 4. Notice of intention A notice of intention to apply for an adoption order shall be given in Form C1.Commencement of Proceedings 5. Proceedings to be disposed of in private All proceedings under the Ordinance relating to Convention adoption are to be disposed of in private. 6. Form of application (1) An adoption application shall be made to the Court by originating summons in Form C2.(2) The proposed adopter shall be the applicant, and the infant shall be the respondent.(3) A copy of the originating summons shall be served on—(a) the guardian ad litem and the Director (if he is not the guardian ad litem); or(b) where rule 11(3) applies, the Director. 7. Identity of applicant may be kept confidential (1) If the proposed adopter desires that his identity shall be kept confidential, he may apply to the Court for a serial number to be assigned to him for the purposes of the adoption application and that number shall be assigned to him accordingly.(2) An application under subrule (1) shall be made before the proposed adopter issues an originating summons in Form C2. 8. Previous applications If it appears that the applicant has previously made an application to any court in Hong Kong for the adoption of the same infant (the previous application), the adoption application may not proceed unless—(a) the judge is satisfied that there has been a material change in the circumstances since the previous application; or(b) the previous application is made in respect of an adoption that is not a Convention adoption and has been withdrawn or disposed of.Evidence in Support of Applications 9. Form of statement and consent (1) The evidence in support of an adoption application shall be—(a) given by means of a statement by the applicant in Form C3; and(b) verified by affidavit.(2) Any document signifying the consent of any person to the making of the adoption order shall be exhibited to the affidavit.(3) Where the proposed adoption is one in respect of which Hong Kong acts as the State of origin, the consent—(a) if given by a parent of the infant, shall be in either Form C4 or Form C5, or in Form 4A in Schedule 1 to the Adoption Rules (Cap. 290 sub. leg. A) (as may be appropriate);(b) if given by—(i) a guardian of the infant; or(ii) a person who is liable to contribute to the maintenance of the infant by virtue of any order or agreement,shall be in Form C4; and(c) if given by a spouse of the applicant and—(i) the spouse is a parent of the infant, shall be in either Form C4 or Form C5, or in Form 4A in Schedule 1 to the Adoption Rules (Cap. 290 sub. leg. A) (as may be appropriate);(ii) the spouse is not a parent of the infant, shall be in Form C4.(4) Where the proposed adoption is one in respect of which Hong Kong acts as the receiving State, any document signifying the consent of the spouse of the applicant shall be in Form C4. 10. Time for filing evidence (1) The statement referred to in rule 9(1) shall be filed within 28 days after the issue of the originating summons in Form C2.(2) A copy of the applicant’s statement shall be served, at the same time when it is so filed, on—(a) the guardian ad litem; and(b) the Director (if he is not the guardian ad litem).Appointment and Duties of Guardian Ad Litem 11. Appointment of guardian ad litem (1) Where—(a) the proposed adoption is one in respect of which Hong Kong acts as the State of origin; and(b) the Director has become the guardian ad litem of the infant by virtue of section 5(5F) of the Ordinance,the Director shall be the guardian ad litem.(2) Where subrule (1) is not applicable, subject to subrule (3), the accredited body in Hong Kong that makes arrangements for the adoption of the infant by the applicant shall be the guardian ad litem. (10 of 2008 s. 46)(3) If the applicant desires that the Director should be appointed to act as the guardian ad litem, then, the originating summons in Form C2—(a) must ask for such appointment; and(b) must be supported by an affidavit by the applicant setting out the grounds for asking for such appointment.(4) The applicant shall, subject to subrule (5), pay to the Director a fee of $4,670 in payment of the proper costs of the Director for acting as the guardian ad litem— (L.N. 57 of 2015; L.N. 144 of 2023)(a) (where subrule (1) applies) on the service of Form C2 on the Director under rule 6; or(b) (where subrule (3) applies) on the Director being appointed by the Court to act as the guardian ad litem.(5) The Director may, if he considers it necessary or desirable, waive payment of the fee or any part of it.(6) The Court may at any time, where it considers it to be in the interests of the infant, appoint the Official Solicitor to be the guardian ad litem of the infant in place of the Director or the accredited body (as the case may be). 12. Guardian ad litem to investigate all relevant circumstances (1) The guardian ad litem shall—(a) investigate as fully as possible all circumstances relevant to the proposed adoption with a view to safeguarding the interests of the infant before the Court; and(b) make a report to the Court for that purpose.(2) Without prejudice to the generality of subrule (1), the guardian ad litem shall—(a) make inquiries as to—(i) all matters alleged in the applicant’s statement; and(ii) the additional matters specified in Schedule 2,and shall report to the Court on them; and(b) interview (either by himself or by an agent appointed by him for the purpose)—(i) every applicant;(ii) every individual mentioned in the applicant’s statement in Form C3 as a person to whom reference may be made;(iii) every person on whom notice of the adoption application is required to be served under rule 19; and(iv) (where such notice is required to be served on a body of persons) the appropriate officer of such body. 13. Information to be confidential The guardian ad litem and any agent of his and, where a body of persons is appointed as guardian ad litem, every officer, employee and member of that body—(a) shall treat as confidential all information obtained in the course of the investigation; and(b) shall not divulge any of the information to any other person except so far as may be necessary for the proper execution of his duty.Applications under Section 5(5D) of the Ordinance 14. Mode of application (1) Where the proposed adoption is one in respect of which Hong Kong acts as the State of origin, an application by a parent under section 5(5D) of the Ordinance for an order revoking that parent’s consent (revocation application) shall be made to the Court.(2) The revocation application shall be made—(a) where an adoption application is pending, by summons in the adoption proceedings concerned; or(b) where paragraph (a) is not applicable, in accordance with rule 14A of the Adoption Rules (Cap. 290 sub. leg. A).(3) The Registrar of the High Court shall, after giving such directions (if any) as he thinks necessary, fix a date for the hearing of the revocation application.(4) When the date for the hearing has been fixed, the Registrar of the High Court shall serve a copy of the summons on—(a) the proposed adopter in the adoption proceedings concerned;(b) the guardian ad litem; and(c) every other person on whom notice has been or will in due course be served under rule 19.(5) If a serial number has been assigned to the proposed adopter in the adoption proceedings concerned, then in the revocation application—(a) the summons to be served under subrule (4) shall not disclose the identity of that proposed adopter to any other person who is not already aware of that proposed adopter’s identity; and(b) the proceedings on the revocation application shall be conducted with a view to securing that that proposed adopter is not seen by or made known to any other person concerned with the application who is not already aware of his identity, except with his consent.(6) Where the revocation application is determined, the Registrar of the High Court shall serve notice of the effect of the determination and any order on the applicant of the revocation application and on all the persons served under subrule (4).Applications under Section 6(4) of the Ordinance 15. Making and notice of application (1) Where the proposed adoption is one in respect of which Hong Kong acts as the State of origin, an application under section 6(4) of the Ordinance for leave to remove the infant from the care and possession of the applicant shall be made to the judge.(2) A notice of the application shall be served on—(a) the guardian ad litem; and(b) the Director (if he is not the guardian ad litem). 16. Dismissal of application for adoption order Where—(a) the proposed adoption is one in respect of which Hong Kong acts as the State of origin; and(b) leave to remove the infant from the care and possession of the applicant is granted under section 6(4) of the Ordinance,the judge may, on granting leave, dismiss the adoption application.Applications under Section 23B of the Ordinance 17. Application for an order passing care and control of infant (1) An application for an order under section 23B(1) of the Ordinance for passing the care and control of an infant to a person authorized by the Director may be made to the Court by the Director by an ex parte originating summons.(2) The application shall be heard by a judge.(3) The application must be supported by an affidavit by the Director that—(a) sets out information on the infant’s identity, adoptability, background, social environment, family history and medical history;(b) sets out details of the person authorized by the Director for the purposes of section 23B(1) of the Ordinance;(c) sets out the grounds for the Director’s belief that the granting of the order will be in the best interests of the infant; and(d) states that the infant is or will be authorized to enter and reside permanently in the Contracting State to which the infant is intended to be sent.(4) The following documents shall be exhibited to the affidavit—(a) the infant’s birth certificate or any other proof of identity;(b) order by which the Director was appointed as the legal guardian of the infant (if applicable);(c) consent of every person whose consent is required by section 5(5)(a) of the Ordinance (if applicable);(d) order declaring that the infant is freed for adoption under section 5A of the Ordinance (if applicable);(e) copy of the infant study report;(f) statement of acceptance for adoption signed by the prospective adopter;(g) copy of the family study and assessment report of the prospective adopter; and(h) letter of assumption of responsibility signed by the person referred to in subrule (3)(b) stating that such person is responsible for the welfare of the infant while the infant is in the Contracting State referred to in subrule (3)(d) and before the infant is adopted.Hearing of Applications 18. Appointment for hearing (1) The applicant for an adoption order shall obtain an appointment for the hearing of the adoption application within 14 days after being notified by the guardian ad litem that he has made his report to the Court.(2) If no appointment is obtained by the applicant, the guardian ad litem shall obtain an appointment as soon as practicable for the hearing of the adoption application. 19. Notice of hearing (1) Subject to subrules (2) and (3), on a date being fixed for the hearing of the adoption application, the guardian ad litem shall serve a notice in Form C6 on—(a) (where the proposed adoption is one in respect of which Hong Kong acts as the State of origin) every person whose consent to the making of the adoption order is required under section 5(5) of the Ordinance;(b) (where the proposed adoption is one in respect of which Hong Kong acts as the receiving State) the spouse of the applicant whose consent to the making of the adoption order is required under section 5(5)(b) of the Ordinance; and(c) the Director (if he is not the guardian ad litem).(2) Where the Court is satisfied that—(a) any person whose consent to the making of the adoption order is required by section 5(5)(a) or (b) (as the case may be) of the Ordinance cannot be found; and(b) all reasonable steps have been taken to trace that person,the Court may, if it thinks fit, dispense with service of the notice under this rule on that person.(3) Where the proposed adoption is one in respect of which Hong Kong acts as the State of origin, then, subject to subrule (4), it is not necessary to serve the notice on the parent of an infant who has given consent to an adoption order by way of general consent in Form 4A in Schedule 1 to the Adoption Rules (Cap. 290 sub. leg. A).(4) Subrule (3) shall not apply if the hearing of the adoption application is to take place within 3 months from the day on which the form was executed. 20. Appearance to show cause why order should not be made (1) On the hearing of the adoption application, any person on whom notice is required to be served under rule 19 may appear before the judge to show cause why an adoption order should not be made.(2) The Director may be represented by a public officer duly authorized in that behalf by the Director. 21. Conduct of proceedings (1) Unless the Court is satisfied that the applicant does not desire his identity to be kept confidential, the proceedings shall be conducted with a view to securing that he is not seen by or made known to any other person whose consent to the order is required, other than the spouse of the applicant.(2) Where the proposed adoption is one in respect of which Hong Kong acts as the State of origin, the Court may, if satisfied that there are special circumstances, direct that it is not necessary for either or both of the following persons to attend the hearing of the adoption application—(a) the infant;(b) the applicant.(3) Except as provided for in subrule (2), the Court shall not issue an adoption order unless the applicant and the infant attend the hearing in person.(4) The Court may direct any person who is not a party to the application to attend the hearing of the application.Forms and Transmission of Orders and Certificates 22. Forms of order and certificate (1) Unless the Court otherwise orders, an adoption order shall be drawn up in Form C7.(2) The Court shall, on the issuance of an adoption order, issue an adoption certificate in Form C8. 23. Copy of order and certificate to be sent to various parties (1) In this rule and rule 24—(a) an adoption order includes an order for the amendment of an adoption order referred to in rule 27(1)(a); and(b) an adoption certificate includes an adoption certificate that is amended under rule 27(3).(2) On the making of an adoption order, the Registrar of the High Court shall, within 7 days after the order has been passed and entered—(a) send a sealed copy of the order to—(i) the Registrar of Births and Deaths;(ii) the applicant;(iii) the guardian ad litem; and(iv) the Director (if he is not the guardian ad litem); and(b) send—(i) to the applicant the adoption certificate issued in respect of the order; and(ii) to the Director a copy of the certificate. 24. Copy of order and certificate to be given to certain persons only (1) Subject to subrule (2), no duplicate or copy of an adoption order or of an adoption certificate shall be given to or served on any person except by order of the judge.(2) The Director may give a copy of the certificate—(a) to the Central Authority of a Contracting State;(b) to the accredited body in Hong Kong that makes arrangements for the adoption to which the adoption order relates; and(c) to—(i) the accredited body of a Contracting State; or(ii) the public authority of a Contracting State, that makes arrangements for the adoption to which the adoption order relates. 25. Notification by guardian ad litem of making or refusal of order (1) If a party was not present when an adoption order was made or refused, the guardian ad litem shall notify the party that the order was made or refused (as the case may be).(2) In complying with subrule (1), the guardian ad litem shall not disclose the identity of the applicant unless the applicant does not desire his identity to be kept confidential.Amendment of Adoption Orders 26. Amendment of adoption orders, and revocation of directions ex parte (1) An application for an order under section 20(1) of the Ordinance for—(a) the amendment of an adoption order; or(b) the revocation of a direction for the marking of an entry in the registers of births or the Adopted Children Register,may be made ex parte in the Court.(2) Notice of the application must be served on—(a) the Director; and(b) such other persons as the Court may think fit. 27. Notice of amendment to be sent to Registrar of Births and Deaths (1) Where an order is made under section 20(1) of the Ordinance for—(a) the amendment of an adoption order; or(b) the revocation of a direction for the marking of an entry in the registers of births or the Adopted Children Register,the Registrar of the High Court shall send to the Registrar of Births and Deaths a notice that complies with subrule (2).(2) The notice must—(a) specify—(i) the date of the adoption order; and(ii) the names of the adopter and of the adopted person, as described in the schedule to the adoption order; and(b) state the amendments that are to be made to the particulars specified in the order made under section 20(1) of the Ordinance.(3) On the issue of an order for the amendment of an adoption order, the Court shall accordingly amend the adoption certificate issued in respect of the adoption order.Applications under Sections 20G and 20H of the Ordinance(E.R. 3 of 2015) 28. Application for direction where Convention adoption is not full adoption (1) An application for a direction under section 20G(1) of the Ordinance in respect of a Convention adoption may be made to the Court by originating summons by—(a) the adopted child to whom the adoption relates;(b) the adopter to whom the adoption relates;(c) a parent of the adopted child; or(d) any other person.(2) Each of the following persons that is not the applicant shall be a respondent to the application—(a) the adopter to whom the adoption relates; and(b) each parent of the adopted child.(3) For the avoidance of doubt, it is declared that if the adopted child is adopted by 2 persons jointly, “the adopter” in subrules (1)(b) and (2)(a) refers to both of the persons.(4) If the adopted child is not the applicant and—(a) the child has evidence to give to the Court that has not been given by any other party; or(b) there are other special circumstances,the Court may at any time direct that the child be made a respondent to the application.(5) The Court may at any time direct that—(a) a person who does not fall within the description of subrule (2) be made a respondent to the application; or(b) a respondent to the application be removed.(6) If—(a) a direction is given on an application under subrule (1); and(b) the adoption is a registrable adoption made outside Hong Kong (as defined in section 1(4) of Schedule 1 to the Ordinance),the Director shall notify the Registrar of Births and Deaths of the giving of the direction. 29. Application for non-recognition of Convention adoption on public policy ground (1) An application for a declaration under section 20H(1) of the Ordinance in respect of a Convention adoption may be made to the Court by originating summons by—(a) the adopted child to whom the adoption relates;(b) the adopter to whom the adoption relates;(c) a parent of the adopted child;(d) the Director;(e) the accredited body in Hong Kong that made arrangements for the adoption (if applicable); or(f) any other person.(2) Each of the following persons that is not the applicant shall be a respondent to the application—(a) the adopter to whom the adoption relates; and(b) each parent of the adopted child.(3) For the avoidance of doubt, it is declared that if the adopted child is adopted by 2 persons jointly, “the adopter” in subrules (1)(b) and (2)(a) refers to both of the persons.(4) If the adopted child is not the applicant and—(a) the child has evidence to give to the Court that has not been given by any other party; or(b) there are other special circumstances,the Court may at any time direct that the child be made a respondent to the application.(5) The Court may at any time direct that—(a) a person who does not fall within the description of subrule (2) be made a respondent to the application; or(b) a respondent to the application be removed.(6) Where a declaration is made on an application under subrule (1)—(a) in the case where the adoption is a registrable adoption made outside Hong Kong (as defined in section 1(4) of Schedule 1 to the Ordinance) the Director shall notify the Registrar of Births and Deaths of the making of the declaration; and(b) in all cases, the Director may give a copy of the declaration to—(i) the Central Authority of a Contracting State; and(ii) either the accredited body or the public authority of a Contracting State that made arrangements for the adoption.Delegation by Director of Social Welfare 30. Delegation of powers and duties Where the Director is acting under these Rules as guardian ad litem, anything required or authorized by these Rules to be done by the guardian ad litem may be done by a public officer who is duly authorized in that behalf by the Director.Service of Documents 31. Service of documents (1) Subject to subrule (2), a document required to be served under these Rules may be served—(a) in the case of an individual—(i) by delivering it to the individual personally;(ii) by leaving it with some person for the individual at the individual’s last known address or usual place of abode; or(iii) by sending it to the individual by registered post addressed to the individual at the individual’s last known address or usual place of abode;(b) in the case of the Director—(i) by delivering it to him at his principal office; or(ii) by sending it to him by registered post addressed to him at his principal office;(c) in the case of a body of persons—(i) by delivering it to that body at that body’s registered or principal office; or(ii) by sending it to that body by registered post addressed to that body at that body’s registered or principal office.(2) Where a document is to be served on—(a) an individual whose last known address or usual place of abode is in a place outside Hong Kong; or(b) a body of persons whose registered or principal office is in a place outside Hong Kong,the document must be served in accordance with the law of that place.Attestation of Documents 32. Persons who may attest documents and declarations outside Hong Kong For the purposes of section 7(2) of the Ordinance, a document or declaration executed or made by any person at a place outside Hong Kong is sufficiently attested if it is attested by any person for the time being authorized by law in that place to administer an oath for any judicial or other legal purpose.Application of Practice of Court of First Instance 33. Practice and procedure of Court to apply Subject to these Rules, the practice and procedure of the Court shall apply to proceedings relating to Convention adoption. 34. Court fees No Court fees shall be charged in adoption proceedings that relate to Convention adoption. Schedule 1 [rule 2]Forms Form C1 [rule 4] Notice of Intention to apply for a Convention adoption order ADOPTION ORDINANCE (Chapter 290) Notice is hereby given, in accordance with the provisions of section 5(7) of the Adoption Ordinance that(1) . [and ................................................. both] of intend to apply for an Order authorizing them to adopt a male/female infant known as(2) Dated the ............. day of ................................. (3) .......................................... .......................................... Notes: (1) Enter the full names and addresses (including country of habitual residence) of the applicants. (2) Enter the full name in English and in Chinese characters, if any, of the infant.(3) This Form must be signed either by the applicants or by their solicitors. Annex to Form C1 Authorization for Criminal Record Check To: Commissioner of Police In connection with my application for assessment of suitability to be an adoptive parent under Section 5AA*/27* of the Adoption Ordinance (Cap. 290), I hereby authorize you, or your designate, to conduct criminal record check on myself and to inform and release to the Director of Social Welfare*/........................................................................................ (name of accredited body*)(1) of (address) the particulars of my previous conviction(s) (if any) in Hong Kong or elsewhere. For the purpose of criminal record check, I also agree to attend before a public officer authorized by you, who may take and record my fingerprints for checking against police records. For the purpose of conducting the criminal record check, please note my particulars as follows— Name in full (Block letters) HKID Number (if applicable) Travel Document Number Chinese Commercial Code (if applicable) Date of Birth (Day/month/year) Place of Birth Signature of Applicant Signature of Witness(2) Post title of Witness Date * Delete as appropriate Notes: (1) If the proposed adoption is processed by a body of persons accredited for Convention adoption under the Adoption Ordinance (Cap. 290), the applicant may insert the name of the accredited body as the recipient of the information.(2) The witness should be a solicitor practising in Hong Kong, a notary public, or a registered social worker working with the Social Welfare Department or an accredited body accredited under the Adoption Ordinance (Cap. 290). Where the proposed adoption is one in respect of which Hong Kong acts as the State of origin, the witness could also be a social worker recognized by the receiving State. (10 of 2008 s. 47) __________ Form C2 [rules 6, 7, 10 & 11] Originating summons on application fora Convention adoption order 20, No. In the High Court of Hong KongCourt of First Instance The Hon. Mr. Justice In the Matter of A.B.(1) ............................................................... an infant, and In the Matter of the Adoption Ordinance. Between C.D. APPLICANT And A.B.(1) RESPONDENT To A.B. of By this summons, which is issued on the application of the applicant C.D. of, the applicant applies for an order— [1. That the Director of Social Welfare be appointed the guardian ad litem for the purpose of safeguarding the interests of A.B. ..................................................................](2). 2. That the applicant be authorized to adopt A.B. ......................... .3. That the costs of this application be provided for. Dated the ............. day of ......................................... This summons was taken out by of, solicitors for C.D. whose address is as stated above. Notes: (1) Enter the name(s) and surname which the infant is to bear after the adoption.(2) Retain this paragraph if the appointment of a guardian ad litem is asked for under rule 11(3). __________ Form C3 [rules 9 & 12] Statement in support of application fora Convention adoption order (1) [Heading as in Form C1] 1.I, the undersigned, C.D./We, the undersigned, C.D. and E.D. desire to adopt A.B.(2) an infant, under the Adoption Ordinance. 2.I am/We are habitually resident in Hong Kong/ (name of foreign country). 3.I am unmarried/a widow/widower/I am married to E.D. of ......................................................................................... /We are married to each other and are the persons to whom the attached marriage certificate (or other evidence of marriage) relates. 4.The infant is of the ........................................................... sex and unmarried. He/She was born on the ........................................................... and is the person to whom the attached birth certificate(3) relates/was born on or about the ............................................................, in ..............................................................................(4). 5.The infant is the child/adopted child of (3) F.B. of ......................................../whose last known address was ............................................................ /deceased [and G.B. of .......................................................... /whose last known address was ............................................................................../deceased](5). [6.The guardian of the infant is H.K. of ........................../The guardians of the infant are H.K. of .................................................... and J.B. of ..............................................](6). [7.L.M. (name of putative father if he is required to make payment for the maintenance of the infant) of is liable by virtue of an order or agreement to contribute to the maintenance of the infant](7). 8.I/We attach a document/documents signifying the consent of F.B./G.B./H.K./L.M. .............................................................(8) to the making of a Convention adoption order on my/our application. [9.I/We request the judge to dispense with the consent of F.B./G.B./H.K./L.M. ..........................................................................(9) on the following grounds ....................................................................................................]. 10.The infant was received into my/our actual custody on the ................................................., from ............................................................. of .............................................................................................. and has been continuously in my/our actual custody since that date. 11.I/We lodged with the Director of Social Welfare on the .................................... day of ............................................ , notice of my/our intention to apply for a Convention adoption order in respect of the infant. [12.A certificate as to physical and mental health of the infant, signed by a registered medical practitioner on the is attached](10). 13.I/We have not received or agreed to receive, and no person has made or given or agreed to make or give to me/us, any payment or other reward in consideration of the adoption [except as follows— .......................................................................................................................]. 14.I have not made/Neither of us has made a previous application for the adoption of the same or any other infant in Hong Kong or elsewhere [except an application made to the ............................... at .................................... on the .................................................., which was dealt with as follows— ........................................................................................................................]. [15.For the purposes of my/our application reference may be made to N.O. of .....................................................................................](11). [16.I/We desire that my/our identity should be kept confidential, and the serial number of this application is .............................................](12), or [I/We do not desire that my/our identity should be kept confidential]. 17.Further particulars of myself/ourselves are set out in the annex to this statement. 18.If a Convention adoption order is made in pursuance of my/our application, it is proposed that the infant should be known as .................... . Dated the ............. day of ......................................... .................................................................. .................................................................. (Usual signature of applicant/applicants) Annex to Form C3 Further particulars of applicant or applicants Particulars of C.D. Name in full (Block capitals) Address Occupation Date of Birth Relationship (if any) to the infant Particulars of E.D. Name in full (Block capitals) . Address Occupation Date of Birth Relationship (if any) to the infant Notes: (1) This statement must be verified by affidavit, to which the statement, marriage certificate and other documents referred to in the statement should be exhibited.(2) Enter the first name(s) and surname as shown in the birth certificate referred to in paragraph 4, if available, otherwise enter name(s) and surname by which the infant was known at the time of the application.(3) (a) If the infant has not been adopted, a birth certificate should be attached. If there is no such certificate, a certified copy of the document showing that the persons named in paragraphs 5, 6 and 7 have parental rights over the infant should be attached.(b) If the infant has previously been adopted, do not attach the birth certificate. Instead, a certified copy of the entry in the Adopted Children Register should be attached. If there is no such entry, a certified copy of the document showing that the persons named in paragraphs 5, 6 and 7 have parental rights over the infant should be attached. In any case, the particulars given in paragraph 5 should relate to the parent(s) by adoption.(4) Where a birth certificate is not attached, enter the place (including country) of birth if known.(5) If the infant is born out of wedlock, the father’s name should not be given in this entry; but see paragraph 7.(6) This paragraph should be completed only if the infant has a legal guardian other than the father or mother of the infant.(7) If the infant is born out of wedlock, enter the name of any person known to the applicant who has been adjudged by an order to be the putative father of the infant or who has acknowledged himself to be the father of the infant and agreed to contribute to his or her maintenance.(8) The names to be entered here (and in the following paragraph) are those of the persons named in paragraphs 5, 6 and 7, and (where the application is made by one of two spouses alone) of the spouse of the applicant. (9) This paragraph should be completed with the name of any of the persons mentioned in the previous note who has not signified his or her consent. See sections 6 and 20C(4) of the Adoption Ordinance (Cap. 290).(10) This paragraph need not be completed if the applicant or either of the applicants is a “relative” of the infant as defined by section 2 of the Adoption Ordinance (Cap. 290).(11) This paragraph need not be completed if the applicant or either of the applicants is a “relative” of the infant as defined by section 2 of the Adoption Ordinance (Cap. 290). Where it is completed more than one referee may be named if desired.(12) If the applicant wishes his name to be kept confidential, insert serial number obtained in pursuance of rule 7 of the Convention Adoption Rules (Cap. 290 sub. leg. D). __________ Form C4 [rule 9] Specific consent to the adoption of an infantnamed A.B.(1) Whereas an application is to be made [by C.D./C.D. and E.D.](2) or [under the serial number ...........................................................................]; Whereas A.B. (hereinafter called the infant) is not less than 4 weeks old, having been born in .......................................... on the ..........................................................................................., and is the person to whom the birth certificate(3) now produced and shown to be marked “A” relates— I, the undersigned ..........................................................................................................................................................................................................., of ................................................................................................ being(5)— the mother(3) of the infant/ the father(3) of the infant/ a guardian of the infant/ a person liable by virtue of any order or agreement to contribute to the maintenance of the infant/ a person (acting on behalf of a body) having parental rights in respect of the infant/ the spouse of C.D. hereby state as follows— (1) I understand that once the infant is adopted, a permanent parent-child relationship between the adopter and the infant will be created. (2) I understand that, when the application for a Convention adoption in respect of A.B. is made, this document may be used as evidence of my consent to the adoption(6). (3) I hereby consent to the adoption of the infant by [C.D./C.D. and E.D.]. .............................................................. (Signature) Signed at ................................................................ on ........................................ by who satisfied me that he/she fully understood the nature of the foregoing statement and agreed to the placement of the infant for adoption. Before me (Signature) (Address) (Description)(6) Notes: (1) Insert name as known to the consenting party.(2) Where the name of applicant is not known to the consenting party, and a serial number has been obtained for the application under rule 7 of the Convention Adoption Rules (Cap. 290 sub. leg. D), complete the entry contained in the second square brackets.(3) (a) If the infant has not been adopted, a birth certificate should be attached. If there is no such certificate, a certified copy of the document showing that the consenting party has parental rights over the infant should be attached.(b) If the infant has previously been adopted, do not attach the birth certificate. Instead, a certified copy of the entry in the Adopted Children Register should be attached. If there is no such entry, a certified copy of the document showing that the consenting party has parental rights over the infant should be attached; and the description of the consenting party should include the words “by adoption” or “經領養” where appropriate.(4) (Repealed 10 of 2008 s. 47)(5) Delete all but one of the description which follow.(6) The document will not be admissible as evidence unless the signature is attested by a commissioner for oaths (or, if executed at a place outside Hong Kong, by any person for the time being authorized by law in that place to administer an oath for any judicial or other legal purpose). In all cases the document if so attested will be admissible without further proof of execution. (10 of 2008 s. 47) __________ Form C5 [rule 9] Specific consent to the adoption of an infantnamed A.B.(1) by a step-parent(as sole applicant) Whereas an application (by a sole applicant) is to be made [by ........................................................................... being the step-parent of the infant ..................................................................................] or [ (2) under the serial number ..............................................................................................]; [Whereas the infant is not less than 4 weeks old, having been born in ................................ on the ........................................................................... ; and is the person to whom the birth certificate(3) now produced and shown to be marked “A” relates](4)— I, the undersigned ..........................................................................................................................................................................................................., of ........................................................................................................... being the father/mother* of the infant [as well as the spouse of the applicant ..........................................................................](5) hereby state as follows— (1) I understand that once the infant is adopted, a permanent parent-child relationship between the adopter and the infant will be created. (2) I understand that, when the application for a Convention adoption in respect of the infant is made, this document may be used as evidence of my consent to the adoption(6). (3) I hereby consent to the adoption of the infant by .................. . .............................................................. (Signature) Signed at ........................................................................ on ............................................................... by ....................................................................... who satisfied me that he/she* fully understood the nature of the foregoing statement and the effect of the infant being adopted by ............................. . Before me (Signature) ......................... (Address) .............................................. .............................................................. (Description)(6) ..................................... * Delete as appropriate Notes: (1) Insert name as known to the consenting party.(2) Where a serial number has been obtained for the application under rule 7 of the Convention Adoption Rules (Cap. 290 sub. leg. D), complete the entry contained in the second square brackets.(3) (a) If the infant has not been adopted, a birth certificate should be attached. If there is no such certificate, a certified copy of the document showing that the consenting party has parental rights over the infant should be attached.(b) If the infant has previously been adopted, do not attach the birth certificate. Instead, a certified copy of the entry in the Adopted Children Register should be attached. If there is no such entry, a certified copy of the document showing that the consenting party has parental rights over the infant should be attached; and the description of the consenting party should include the words “by adoption” or “經領養” where appropriate.(4) Delete the words in square brackets except where the consenting party is the mother of the infant. (5) Delete the words in square brackets except where the consenting party is the spouse of the applicant.(6) The document will not be admissible as evidence unless the signature is attested by a commissioner for oaths (or, if executed at a place outside Hong Kong, by any person for the time being authorized by law in that place to administer an oath for any judicial or other legal purpose). In all cases the document if so attested will be admissible without further proof of execution. __________ Form C6 [rule 19] Notice of hearing of application for a Convention adoptionorder in respect of an infant named A.B.(1) To ................................................................. of ................................(2). Whereas an application has been made [by C.D./C.D. and E.D.](3) or [under the serial number ..............................................................................]; And whereas I, .................................................... of ............................ am the guardian ad litem of the infant; Take notice— A.(4) [That the application will be heard at the Court of First Instance, High Court, Hong Kong on the .............................................................. , at the hour of .............................................. in the ................................ noon, and that you may appear to show cause why the Convention adoption order should not be made.] B.(4) [That if you do not consent to the making of the Convention adoption order, you should notify me on or before ................................ , in order that a date and time may be fixed for you to attend and show cause why the order should not be made. The form below may be detached and used for this purpose.] Dated the ............. day of ......................................... (Signature of guardian ad litem) ................................. Notes: (1) Enter the name(s) and surname as known to the person to whom the notice is given and also any other name(s) by which the infant is known.(2) It is not necessary to serve this notice on—(a) (where the adoption is one in respect of which Hong Kong acts as the receiving State) the parent of the infant; or(b) (where the adoption is one in respect of which Hong Kong acts as the State of origin) the parent of the infant who has given consent in Form 4A of Schedule 1 to the Adoption Rules (Cap. 290 sub. leg. A) unless the hearing is to take place within 3 months from the day on which the form was executed.(3) The name of the applicant must not be given where the notice is addressed to an individual and a serial number is specified in Form C3 (paragraph 16). In that case, complete the second entry in square brackets.(4) Section A must be completed and Section B must be struck out where the applicant does not desire his identity to be kept confidential (see Form C3, paragraph 16). Where a serial number is specified in that paragraph, Section A must be struck out and Section B must be completed. -------------------------------------- Perforation ------------------------------------- To:The Director of Social Welfare, Hong Kong. (If the Director of Social Welfare is not the guardian ad litem, the appropriate address should be substituted). I have received notice of the hearing of the application for a Convention adoption order in respect of A.B. an infant. (a) I consent to the making of this order. or Delete (a) or (b). (b) I do not consent to the making of this order and I wish a date and time to be fixed for my attendance when I may state my case. .......................................................... (Signature) .......................................................... .......................................................... (Date) .......................................................... (Address) __________ Form C7 [rule 22] Convention adoption order in respect of an infant [Heading as in Form C1] Application having been made by C.D., by occupation ........................................................................................................ and habitually resident at ............................................................................ [and E.D. his wife] for a Convention adoption order under the Adoption Ordinance, authorizing him/her/them to adopt A.B., an infant, the child/adopted child of F.B./F.B. and G.B.; And A.B. being of the ............................................................ sex, and never having been married; And the applicant/one of the applicants being the mother/father of the infant/ being the step-parent of the infant/ being a relative of the infant within the meaning of the Ordinance and [both applicants] having attained the age of 21 years/ having attained the age of 25 years and the other applicant having attained the age of 21 years;

[And the names by which the infant is to be known being P.D.;](1) [And it having been proved to the satisfaction of the judge that the infant is identical with A.B., to whom the entry numbered ............................ and made on the ..................................................................., in the registers of births in the registration office at .............................................................. relates;](2) And the [probable](3) date of the birth of the infant is the .........................................................................................................................; [And the infant having been previously the subject of an adoption order dated the ..............................................................................., of which particulars are entered in the Adopted Children Register;](4) And all the consents required by the Ordinance being obtained or dispensed with; It is ordered that the applicant/applicants be authorized to adopt the infant; [And the following payment or reward is sanctioned— .......................................................................................................................;] [And as regards costs it is ordered that— .......................................................................................................................;] And it is directed that the Registrar of Births and Deaths shall make in the Adopted Children Register an entry recording the Convention adoption in accordance with the particulars set out in the Schedule to this order; [And it is further directed that the Registrar of Births and Deaths shall cause the entry in the registers of births to be marked with the word “adopted” or the words “受領養”;](2) [And it is further directed that the Registrar of Births and Deaths shall cause the previous entry in the Adopted Children Register relating to the infant to be marked with the word “re-adopted” or the words “再受領養”.](4) Dated the .................... day of ......................................... ........................................................... Registrar, High Court SCHEDULE 1. Date(5) and country of birth of child 2. Surname and name of child(6) 3. Sex of child 4. Surname and name, address and occupation of adopter(s) 5. Date of the Convention adoption order Notes: (1) Delete where there is no change of name.(2) Delete this entry—(a) if the infant is not identified with a person whose birth is registered in the registers of births; or(b) if an entry in respect of the infant has been made in the Adopted Children Register.(3) Delete “probable” where the precise date of the infant’s birth is proved.(4) Delete except where an entry in respect of the infant has been made in the Adopted Children Register.(5) Where a probable date of birth is specified in the body of the order, enter that date without qualification. If the infant is one of twins, include, if possible, the hour as well as the date of birth.(6) Where there is a change, enter only the name by which the infant is to be known. __________ Form C8 [rule 22] Certificate of Conformity of Intercountry Adoption Article 23 of the Hague Convention of 29 May 1993on Protection of Children and Co-operationin respect of Intercountry Adoption 1. The undersigned authority:(Name and address of the competent authority of the State of adoption) 2. Hereby certifies that the child: Family name: First name(s): Sex: Male [] Female [] Date of birth: day .................... month .................... year Place of birth: Habitual residence: 3. Was adopted according to the decision of the following authority: Date of the decision: Date at which the decision became final: 4. By the following person(s): (a) Family name of the adoptive father: First name(s): Date of birth: day ................. month ................. year Place of birth: Habitual residence at the time of the adoption: (b) Family name of the adoptive mother: First name(s): Date of birth: day ................ month ................ year Place of birth: Habitual residence at the time of the adoption: 5. The undersigned authority certifies that the adoption was made in accordance with the Convention and that the agreements under Article 17, sub-paragraph (c), were given by: (a) Name and address of the Central Authority(1) of the State of origin: Date of the agreement: (b) Name and address of the Central Authority(1) of the receiving State: Date of the agreement: 6.[] The adoption had the effect of terminating the pre-existing legal parent-child relationship. [] The adoption did not have the effect of terminating the pre-existing legal parent-child relationship. Done at .........................................., on .................................. ........................................................... Signature/Seal Note: (1) Or the public authority or accredited body referred to in Article 22(1) of the Convention. Schedule 2 [rule 12]Additional Matters Subject to Investigation and Report by Guardian Ad Litem Part 1 The Applicant 1. In the case of a joint application, how long the applicants have been married. 2. In the case of an application by one only of 2 spouses—(a) whether the other spouse consents to the application; and(b) why he or she does not join in the application. 3. What other children (including adopted children) the applicant has. 4. What is the age and sex of all children living in the home of the applicant, and what is their relationship to the applicant. 5. What number of living rooms and bedrooms are contained in the home of the applicant, and what is the condition of the home. 6. What are the means of the applicant. 7. Whether the applicant suffers or has suffered from any serious illness, and whether there is any history of tuberculosis, epilepsy or mental illness in his or her family. 8. Whether any person specified in the applicant’s statement as a person to whom reference may be made is a responsible person and recommends the applicant without reservation. 9. Whether the applicant understands that a Convention adoption order is irrevocable and that the order if made will render him or her responsible for the maintenance and upbringing of the infant. Part 2 The Infant 10. Whether the infant has any right to or interest in any property. 11. Whether the infant (if of an age to understand the effect of a Convention adoption order) wishes the order to be made. Part 3 The Parents 12. Whether the mother consents to the adoption and identifies the birth certificate (if any) attached to the applicant’s statement as the birth certificate of the infant. 13. Whether the father consents to the adoption. 14. If the infant is born out of wedlock, whether an order has been made adjudging any person to be the putative father of the infant, or an agreement to contribute to the maintenance of the infant has been made by a person acknowledging himself to be the father of the infant, and in either case whether that person consents to the adoption. 15. When did the parent or parents part with the infant, and to whom. 16. What are the reasons of the parent or parents for consenting to the adoption, and whether his or their consent is given without pressure from other persons. 17. Whether the parent, or each of the parents, understands that a Convention adoption order is irrevocable, and that the order if made will deprive him or her of all rights in respect of the maintenance and upbringing of the infant. 18. Where the applicant’s statement requests the judge to dispense with the consent of the parent, or either of the parents, on the ground that he or she cannot be found, what steps have been taken to trace him or her.