Cap. 290 sub. leg. A

Adoption Rules(Cap. 4, section 54)(Cap. 290, section 12)[12 October 1956](Format changes—E.R. 7 of 2020) 1. Citation These rules may be cited as the Adoption Rules.(G.N.A. 36 of 1958) 2. Interpretation (1) In these rules, unless the context otherwise requires—adoption order (領養令) means an adoption order other than a Convention adoption order; (L.N. 230 of 2005)applicant (申請人) includes either, as well as both, of 2 joint applicants;guardian ad litem (訴訟監護人) means the guardian ad litem of an infant for the purposes of the application for an adoption order that relates to the infant; (L.N. 230 of 2005)Ordinance (本條例) means the Adoption Ordinance (Cap. 290).(2) A form referred to by number means the form so numbered in Schedule 1. (G.N.A. 76 of 1960; L.N. 230 of 2005)(3) (Repealed 66 of 1999 s. 3) 2A. Application These rules do not apply to or in relation to Convention adoption.(L.N. 230 of 2005) 3. Notice of intention A notice of intention to apply for an adoption order shall be in accordance with Form 1.(G.N.A. 76 of 1960)Commencement of Proceedings 4. Proceedings to be disposed of in private (L.N. 230 of 2005)All proceedings under the Ordinance are to be disposed of in private.(L.N. 230 of 2005) 5. Form of application An application for an adoption order shall be made to the Court by originating summons in Form 2. The proposed adopter shall be the applicant and the infant shall be the respondent.(L.N. 230 of 2005) 6. Identity of applicant may be kept confidential If any person proposing to apply to the Court for an adoption order desires that his identity shall be kept confidential, he may, before taking out an originating summons, apply to the Court for a serial number to be assigned to him for the purposes of the proposed application and such a number shall be assigned to him accordingly.(L.N. 337 of 1982) 7. 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 application shall not be proceeded with unless the judge is satisfied that there has been a material change in the circumstances since the previous application.(L.N. 230 of 2005)Appointment of Guardian Ad Litem 8. Director of Social Welfare to be guardian ad litem subject to rule 9 (1) Subject to the provisions of rule 9, the Director shall be the guardian ad litem of the infant for the purposes of the application and a copy of the summons shall be served on him.(2) On the service of a copy of the summons in accordance with paragraph (1), the applicant shall pay to the Director a fee of $4,670 in payment of the proper costs of the Director for acting as guardian ad litem for the infant: (L.N. 228 of 1977; L.N. 55 of 1987; L.N. 60 of 1990; L.N. 309 of 1992; L.N. 74 of 1994; L.N. 27 of 1995; L.N. 161 of 1996; L.N. 157 of 1997; L.N. 56 of 2015; L.N. 143 of 2023) Provided that the Director, if he should consider such action is necessary or desirable, may waive payment of such fee or any part thereof. (L.N. 230 of 2005) (3) (Repealed L.N. 139 of 1986)(G.N.A. 76 of 1960) 9. Appointment of some other person as guardian ad litem (1) Except where the Director has become guardian ad litem by virtue of section 5(5F) of the Ordinance, if the applicant desires that some person other than the Director should be appointed to act as guardian ad litem, then— (28 of 2004 s. 35)(a) the originating summons must ask for the appointment of a guardian ad litem and must be supported by an affidavit by the applicant setting out the grounds for asking for such appointment together with the consent to act in writing of the proposed guardian ad litem; and (b) a copy of the originating summons shall be served on the Director,and the judge may appoint such person as he thinks fit to be the guardian ad litem. (G.N.A. 76 of 1960; L.N. 228 of 1977; L.N. 139 of 1986; 98 of 1991 s. 9; 28 of 2004 s. 35)(2) 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 any person. (98 of 1991 s. 9)(L.N. 230 of 2005)Evidence in Support of Application 10. Form of statement and consent (1) The evidence in support of the application for an adoption order shall be given by means of a statement in Form 3 and shall be verified by affidavit.(2) Any document signifying the consent of any person to the making of the order shall be exhibited to the affidavit and the consent—(a) if given by a parent of the infant, shall be in either Form 4, Form 4A or Form 4B (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 4; 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 4, Form 4A or Form 4B (as may be appropriate);(ii) the spouse is not a parent of the infant, shall be in Form 4. (L.N. 230 of 2005)(3) (Repealed L.N. 230 of 2005)(L.N. 228 of 1977) 11. Time for filing evidence The said evidence shall be filed within 14 days after the issue of the originating summons and a copy of the applicant’s statement and of the documents attached thereto shall at the same time be served on the guardian ad litem.Notice of Application 12. Form of notice The guardian ad litem shall as soon as practicable serve a notice in Form 5 on any parent or guardian of the infant who has signified his consent to the making of an adoption order:Provided that the notice shall not require to be served on any parent who has given consent to an adoption order by way of general consent in Form 4A unless, within the period of 3 months from the day on which that form was executed, a copy of the originating summons in Form 2 has been served on the Director in accordance with rule 8(1). (L.N. 228 of 1977)(L.N. 139 of 1986)Duties of Guardian Ad Litem 13. Guardian ad litem to investigate all relevant circumstances It shall be the duty of the guardian ad litem to 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 to make a report to the Court for that purpose; and in particular it shall be his duty—(a) to make inquiries as to all matters alleged in the applicant’s statement and as to the additional matters specified in Schedule 2 and to report to the Court upon them; (L.N. 230 of 2005)(b) to interview (either by himself or by an agent appointed by him for the purpose) every individual being an applicant for the order, or mentioned in the applicant’s statement as a person to whom reference may be made, or a person on whom notice of the application is required to be served under rule 16, or, where notice is required to be served on a body of persons, the appropriate officer of such body. 14. 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 shall treat as confidential all information obtained in the course of the investigation, and shall not divulge any part of it to any other person except so far as may be necessary for the proper execution of his duty.(L.N. 230 of 2005)Application under Section 5(5D) of the Ordinance(L.N. 230 of 2005) 14A. Mode of application (1) An application by a parent under section 5(5D) of the Ordinance for an order revoking that parent’s consent given in the prescribed general form of consent shall be made to the Court of First Instance in accordance with paragraph (2) and the proceedings shall thereupon be transferred to the Court of First Instance. (L.N. 337 of 1982)(2) The application under paragraph (1) shall be made—(aa) if an application for a Convention adoption order is pending, in accordance with rule 14 of the Convention Adoption Rules (Cap. 290 sub. leg. D); (L.N. 230 of 2005)(a) if an application for an adoption order is pending, by summons in those proceedings; or(b) if no application referred to in subparagraphs (aa) and (a) is pending, by originating summons. (L.N. 230 of 2005)(3) The Registrar of the High Court, after giving such directions (if any) as he thinks necessary, shall fix a date for the hearing of the application. (L.N. 230 of 2005)(4) When the date for the hearing has been fixed, the Registrar of the High Court shall serve a copy of the summons or originating summons—(a) in the case of an application made in pending adoption proceedings (or where adoption proceedings have subsequently been commenced) on the applicant in those proceedings, on the guardian ad litem and on every other person on whom notice has been or will in due course be served under rule 16;(b) in any other case, on the guardian ad litem and on any other person or body who in the Registrar’s opinion ought to be served with notice of the hearing of the application.(5) If in any application under this rule a serial number has been assigned to a person who proposes to apply for an adoption order—(a) the documents to be served under paragraph (4) shall not disclose the identity of that person to any other person who is not already aware of that person’s identity; and(b) the proceedings on the application shall be conducted with a view to securing that that person 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 application is determined, the Registrar of the High Court shall serve notice of the effect of the determination and any order on the applicant and on all the persons served under paragraph (4).(L.N. 228 of 1977; 25 of 1998 s. 2)Hearing of Application 15. Appointment for hearing The applicant shall obtain an appointment for the hearing of the application within 14 days after being notified by the guardian ad litem that he has made his report to the Court. 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 application. 16. Notice of hearing On a date being fixed for the hearing of the application, the guardian ad litem shall serve a notice in Form 6 on—(a) every person whose consent to the order is required under section 5(5) of the Ordinance; and(b) the Director (if he is not the guardian ad litem): (G.N.A. 76 of 1960) Provided that where the Court is satisfied that any person whose consent to the order is required by section 5(5) of the Ordinance cannot be found and that all reasonable steps have been taken to trace such person the Court may if it thinks fit dispense with service of the notice under this section on such person: (L.N. 54 of 1965) Provided also that it shall not be necessary to serve the notice on— (L.N. 230 of 2005) (i) the Director if he is a guardian of the infant by virtue of the Protection of Children and Juveniles Ordinance (Cap. 213); or (10 of 2008 s. 44)(ii) the parent of an infant who has given consent to an adoption order by way of general consent in Form 4A unless the hearing is to take place within 3 months from the day on which the form was executed. (L.N. 228 of 1977)(L.N. 230 of 2005) 17. Appearance to show cause why order should not be made (1) On the hearing of the application any person on whom notice is required to be served under rule 16 may appear before the District Judge to show cause why an adoption order should not be made. The Director may be represented by any public officer duly authorized in that behalf by the Director. (G.N.A. 76 of 1960; L.N. 337 of 1982)(2) If—(a) any person whose consent is required under section 5(5)(a) of the Ordinance fails to give consent; or(b) any person having a proper interest in the application objects to an adoption order being made,the District Court shall transfer the application to the Court of First Instance. (L.N. 337 of 1982)(3) Any application transferred to the Court of First Instance under paragraph (2) may be retransferred to the District Court at any stage if the Court of First Instance considers that the provisions of section 4A of the Ordinance do not or no longer require it to be continued in the Court of First Instance. (L.N. 337 of 1982)(25 of 1998 s. 2) 18. Conduct of proceedings 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 person (other than the spouse of the applicant) whose consent to the order is required.Form and Transmission of Orders 19. Form of order Unless the Court otherwise orders, an adoption order shall be drawn up in Form 7, and an interim order in Form 8.(G.N.A. 36 of 1958) 20. Copy of the order to be sent to Registrar of Births and Deaths and applicant On the making of an adoption order, the Registrar of the High Court or the District Court shall send a sealed copy of the order to the Registrar of Births and Deaths and to the applicant within 7 days after the order has been passed and entered.(L.N. 337 of 1982; 25 of 1998 s. 2) 21. Copy of order not to be given to other persons No duplicate or copy of an adoption order or interim order shall be given to or served upon any person other than the Registrar of Births and Deaths or the applicant except by order of the judge. 22. Notification by guardian ad litem of making or refusal of order Where an adoption order is made or refused or an interim order made, the guardian ad litem shall notify all parties who were not present when the order was made or refused, without disclosing the identity of the applicant unless he does not desire his identity to be kept confidential.Restoration of Proceedings after Interim Order 23. Application for further hearing by applicant Where the determination of an application is postponed and an interim order made the applicant shall, at least 2 months before the expiration of the period specified in the interim order, obtain an appointment for the further hearing of the application, and the guardian ad litem shall serve a notice in Form 9 on every person on whom notice is required to be served under rule 16. 24. Application for further hearing by guardian ad litem If no appointment is obtained by the applicant as required by rule 23, the guardian ad litem shall obtain an appointment as soon as practicable for the further hearing of the application.Amendment of Adoption Orders 25. Amendment of adoption orders, and revocation of directions ex parte An application for an order under section 20(1) of the Ordinance for the amendment of an adoption order or 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 first instance in the Court, but the Court may require notice of that application to be served on such persons as it thinks fit.(L.N. 228 of 1977) 26. Notice of amendment to be sent to Registrar of Births and Deaths Where an order for the amendment of an adoption order or the revocation of a direction for the marking of an entry in the registers of births or the Adopted Children Register is made under section 20(1) of the Ordinance, the Registrar of the High Court or the District Court shall send to the Registrar of Births and Deaths a notice specifying the date of the adoption order and the names of the adopter and of the adopted person (as described in the schedule to the adoption order) and stating what amendments are to be made in the particulars specified in that order.(L.N. 228 of 1977; L.N. 337 of 1982; 25 of 1998 s. 2)Delegation by Director of Social Welfare(L.N. 230 of 2005) 27. 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 any public officer duly authorized in that behalf by the Director.(G.N.A. 76 of 1960)Service of Documents 28. Service of documents (1) Subject to paragraph (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.(L.N. 230 of 2005)Attestation of Documents(L.N. 230 of 2005) 29. 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 outside Hong Kong shall be sufficiently attested if it is attested as follows— (66 of 1999 s. 3)(a)-(b) (Repealed 28 of 2004 s. 35)(c) if the document or declaration is executed or made at a place outside Hong Kong— (L.N. 230 of 2005)(i)-(ii) (Repealed 28 of 2004 s. 35)(iii) by any person for the time being authorized by law in that place to administer an oath for any judicial or other legal purpose. (L.N. 45 of 1973; 28 of 2004 s. 35; 2 of 2012 s. 3)(d) (Repealed 2 of 2012 s. 3)Application under Section 6(4) of the Ordinance 30. Making and notice of application 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, and notice thereof shall be served on the guardian ad litem. 31. Dismissal of application for adoption order Where 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, upon granting leave, dismiss the application for the adoption order.Applications under Section 23B of the Ordinance(L.N. 230 of 2005) 31A. 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 sets out—(a) information on the infant’s identity, adoptability, background, social environment, family history and medical history;(b) details of the person authorized by the Director for the purposes of section 23B(1) of the Ordinance; and(c) the grounds for the Director’s belief that the granting of the order will be in the best interests of the infant.(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 paragraph (3)(b) stating that such person is responsible for the welfare of the infant while the infant is in the state to which the infant is intended to be sent and before the infant is adopted.(5) In this rule, Court (法院) means the Court of First Instance.(L.N. 230 of 2005)Application of Practice of the District Court and of the Court of First Instance(66 of 1999 s. 3) 32. Practice and procedure of District Court and of Court of First Instance to apply Subject to these rules, the practice and procedure of the District Court and of the Court of First Instance shall apply to proceedings under the Ordinance.(L.N. 337 of 1982; 25 of 1998 s. 2) 33. Court fees not charged No court fees shall be charged in adoption proceedings.(L.N. 54 of 1965) Schedule 1 [rule 2](L.N. 230 of 2005) Form 1 [rule 3] Notice of Intention to apply for an 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 this ............. day of ................................. (3) .......................................... .............................................. Notes: (1) Enter the full names and addresses 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. (L.N. 526 of 1994; 28 of 2004 s. 35) _ Annex to Form 1 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 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 Note: (1) If the proposed adoption is processed by a body of persons accredited for local 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). (28 of 2004 s. 35; L.N. 230 of 2005; 10 of 2008 s. 45) _ Form 2 [rule 5] Originating summons on application for an Adoption Order 20, No. In the District Court of Hong Kong His Honour Judge 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 theapplication of the applicant C.D. of, the applicant applies for an order— [1. That a guardian ad litem may be appointed for the purpose of safeguarding the interests of the said .......................................](2). 2. That the applicant be authorized to adopt the said .................... . 3. That the costs of this application be provided for. Dated the day of. This summons was taken out by ofapplicantabove. , solicitors for the saidwhose address is as stated Notes: (1) Enter the name(s) and surname which the infant is to bear after the adoption. (2) Delete this paragraph if the Director of Social Welfare is to act as guardian ad litem. (L.N. 139 of 1986; L.N. 526 of 1994; 28 of 2004 s. 35) _ Form 3 [rule 10] Statement in support of application for an Adoption Order(1) [Heading as in Form 1] 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 resident in Hong Kong. 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 [andG.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. 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 the said ..........................................(8) to the making of an adoption order upon my/our application. [9. I/We request the judge to dispense with the consent of the said .....................................................................................(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 an 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 infant 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 an adoption order is made in pursuance of my/our application, it is proposed that the infant should be known as .......................................... Dated this ............. day of ......................................... .................................................................. .................................................................. (Usual signature of applicant/applicants) _ Annex to Form 3 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 (or 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 subsections (1) and (2) of section 6 of the Adoption Ordinance. (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. (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. 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 6 of the Adoption Rules. (L.N. 337 of 1982; L.N. 526 of 1994; 28 of 2004 s. 35; L.N. 230 of 2005; E.R. 7 of 2020) _ Form 4 [rule 10] Specific consent to the adoption of an infant named 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 the said 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 the said C.D. hereby state as follows— (1) I understand that once the infant is adopted (whether in Hong Kong or elsewhere), a permanent parent-child relationship between the adopter and the infant will be created. (2) I understand that when the application for the adoption 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 [C.D./C.D. and E.D.]. ........................................................... (Signature) Signed at ................................................... on ................................ by the said .......................................................................... 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 6 of the Adoption Rules, 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. 45) (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 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. (7)-(8) (Repealed 28 of 2004 s. 35) (L.N. 228 of 1977; L.N. 337 of 1982; L.N. 526 of 1994; 47 of 1997 s. 10; 80 of 1997 s. 121; 23 of 1998 s. 2; 66 of 1999 s. 3; 28 of 2004 s. 35; L.N. 230 of 2005; 10 of 2008 s. 45) _ Form 4A [rule 10] General consent of parent to the adoption of an infant ADOPTION ORDINANCE (Chapter 290) I, the undersigned .................................................................... [Hong Kong Identity Card No. .......................] of ............................................................................................................. being the married/unmarried/widowed(1) parent of(2) ....................................................................................... a male/female(1) infant (hereinafter called the infant) who was born in .......................................................................................... on the .................. day of ............................ consent to the infant to whom the birth certificate no. ......................... (3) now produced and marked “A” relates to be adopted by any person or persons approved and selected to adopt the infant in accordance with the law of Hong Kong or the country in which the application for adoption will be made and I state as follows— (1) I understand that upon execution of this form by me, I shall cease to have any parental rights, duties, obligations or liabilities in respect of the infant. (2) I understand that when the application for the adoption of the infant is made, this document may be used as evidence of my consent to the adoption.(4) ............................................................. (Signature) Signed at ................................................... on ................................. by the said ............................................................................. who satisfied me that he/she(1) fully understood the foregoing statement and agree to the placement of the infant for adoption and relinquish all parental rights, duties, obligations and liabilities in respect of the infant. Before me (Signature) ...................... (Address) .......................................... (Description)(4) ................................. ........................................................... Notes: (1) Delete as appropriate. (2) Insert name of infant as known to the consenting party. (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) The document will not be admissible as evidence unless the signature is attested by a commissioner for oaths (or, if executed 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 so attested will be admissible without further proof of execution. (5) (Repealed 28 of 2004 s. 35) (6) If the consenting party wishes to revoke this form of consent after the expiry of 3 months from the date on which he executes this form, he may apply to the Court in accordance with rule 14A of the Adoption Rules if the application for the adoption order is made in Hong Kong. (L.N. 228 of 1977; L.N. 526 of 1994; 47 of 1997 s. 10; 80 of 1997 s. 121; 23 of 1998 s. 2; 66 of 1999 s. 3; 28 of 2004 s. 35; L.N. 230 of 2005; 10 of 2008 s. 45) _ Form 4B [rule 10] Specific consent to the adoption of an infant named 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 said ............................................... (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](4): I, the undersigned .......................................................................................................................................................................................................... , of ........................................................................................................................................................................ being the father/mother* of the infant [as well as the spouse of the said ..................................................................](5) hereby state as follows:— (1) I understand that once the infant is adopted (whether in Hong Kong or elsewhere), a permanent parent-child relationship between the adopter and the infant will be created. (2) I understand that when the application for the adoption of the infant is made, this document may be used as evidence of my consent to the adoption.(7) (3) I hereby consent to the adoption of the infant by ....................... . .............................................................. (Signature) Signed at .................................................................... on ....................... .......................................... by the said ............................................................ ...................................................................... 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)(7) ...................................... * 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 6 of the Adoption Rules (Cap. 290 sub. leg. A), 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 bracket except where the consenting party is the mother of the infant. (5) Delete the words in square bracket except where the consenting party is the spouse of the applicant. (6) (Repealed L.N. 230 of 2005) (7) The document will not be admissible as evidence unless the signature is attested by a Commissioner for Oaths [or, if executed 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. (28 of 2004 s. 35; L.N. 230 of 2005) _ Form 5 [rule 12] Notice of application for an adoption order in respect ofan 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 said infant; Take notice that while the said application is pending, you must not, except with the leave of the judge, remove the infant from the care and possession of the applicant. Application for such leave may be made to the judge, District Court, Hong Kong. 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) Enter the name and address of any parent or guardian of the infant who has signified his consent to the making of an adoption order. (3) The name of the applicant must not be given where a serial number is specified in Form 3 (paragraph 16). In that case complete the second entry in square brackets. (L.N. 337 of 1982; L.N. 526 of 1994; 28 of 2004 s. 35) _ Form 6 [rule 16] Notice of hearing of application for an adoption orderin respect of an infant named A.B.(1) To ................................................. of ............................................... (1A) Whereas an application has been made [by C.D./C.D. and E.D.](2) or [under the serial number .................................................................]; And whereas I, ........................................ of ................................. am the guardian ad litem of the said infant; Take notice: A.(3) [That the said application will be heard at the District Court, Hong Kong on the .........................., at the hour of ....................................... in the .................................... noon, and that you may appear to show cause why the adoption order should not be made.] B.(3) [That if you do not consent to the making of the 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 adoption 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. (1A) It is not necessary to serve this notice on the parent of an infant who has given consent in Form 4A unless the hearing is to take place within 3 months from the day on which the form was executed. (2) 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 3 (paragraph 16). In that case complete the second entry in square brackets. (3) Section A should be completed and Section B struck out where the applicant does not desire his identity to be kept confidential (see Form 3, paragraph 16). Where a serial number is specified in that paragraph, Section A must be struck out and Section B 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 an 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) (L.N. 337 of 1982; L.N. 526 of 1994; 28 of 2004 s. 35; L.N. 230 of 2005; E.R. 7 of 2020) _ Form 7 [rule 19] Adoption order in respect of an infant [Heading as in Form 1] Application having been made by C.D., by occupation ........................................ and resident at ..................................................... [and E.D. his wife] (hereinafter called the applicant/applicants) for an 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 the said A.B. (hereinafter called the infant) 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 said 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 said 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 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 said 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, District Court/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 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. (L.N. 337 of 1982; 80 of 1997 s. 121; 28 of 2004 s. 35; L.N. 230 of 2005; E.R. 7 of 2020) _ Form 8 [rule 19] Interim order in respect of an infant [Heading as in Form 1] Application having been made by C.D., by occupation .............................. and resident at ............................................ [and E.D. his wife] (hereinafter called the applicant/applicants) for an 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 the said A.B. (hereinafter called the infant) 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 said 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 all the consents required by the said Ordinance being obtained or dispensed with; It is ordered that the determination of the application be postponed, and the custody of the infant be given to the applicant/applicants for a period ending on the .................................................................................... by way of a probationary period upon the following terms, namely ...................................................................................................................... and that the applicant/applicants shall at least 2 months before that date apply for the final determination of the application; [And as regards costs it is ordered that ..........................................................................................................................................................................] Dated the .................... day of ......................................... .................................................................. Registrar, District Court/High Court (L.N. 337 of 1982; 28 of 2004 s. 35; L.N. 230 of 2005; E.R. 7 of 2020) _ Form 9 [rule 23] Notice of further hearing of application for an adoption order in respect of an infant named A.B.(1) To .................................................... of .............................................. Whereas an application has been made [by C.D./C.D. and E.D.](2) or [under the serial number ......................................................................]; And whereas I, ........................................... of ................................... ..................................... am the guardian ad litem of the said infant; And whereas the determination of the said application was postponed and an interim order was made by His Honour Judge/the Hon. Mr. Justice ................................. on the ............................................. Take notice: A.(3) [That the said application will be further heard before the judge at the District Court/Court of First Instance, Hong Kong, on the ............................. at the hour of .................................................................. ........................ in the ........................ noon and that you may appear to show cause why the adoption order should not be made]. B.(3) [That if you do not consent to the making of the 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 adoption 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 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) 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 3 (paragraph 16). In that case complete the second entry in square brackets. (3) Section A should be completed and Section B struck out where the applicant does not desire his identity to be kept confidential (see Form 3, paragraph 16). Where a serial number is specified in that paragraph Section A must be struck out and Section B 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 an adoption order in respect of A.B. an infant. Delete (a) or (b). (a) I consent to the making of this order. (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) (Address) ...................................................... (Date) (L.N. 337 of 1982; L.N. 526 of 1994; 28 of 2004 s. 35; L.N. 230 of 2005; E.R. 7 of 2020)(First Schedule replaced G.N.A. 76 of 1960) Schedule 2 [rule 13](L.N. 230 of 2005)Additional Matters Subject to Investigation and Report by Guardian Ad Litem Part I 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 an 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 II 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 an adoption order) wishes the order to be made. Part III 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. (L.N. 162 of 1993; 28 of 2004 s. 35) 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 an 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.