1956-HKRS28-8-23_Part01 — Page 43

(Cap. 174). (Cap. 175),

Power to

"Court" means the Supreme Court;

"father", in relation to an illegitimate infant, means the natural

father:

"general register office" means the office of the Registrar;

"'infant" means a person under twenty-one years of age, but does

not include a person who is or has been married;

"Interim order" means an order under section 8;

"parent" in relation to a child who is illegitimate, means his

mother, to the exclusion of his father;

"registers of births" means the register books of births kept in compliance with the provisions of the Births and Deaths Registration Ordinance and the Births Registration (Special Registers) Ordinance;

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"Registrar" means the Registrar of Births and Deaths; "relative", in relation to an infant, means a grandparent, brother. sister, uncle or aunt, whether of the full blood, of the half- blood or by affinity, and includes-

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(a) where an adoption order has been made in respect of the infant or any other person under this Ordinance, any person who would be a relative of the infant within the meaning of this definition if the adopted person were the child of the adopter born in lawful wedlock;

(b) where the infant is illegitimate, the father of the infant and any person who would be a relative of the infant within the meaning of this definition if the infant were the legitimate child of his mother and father.

Making of adoption orders.

3. (3) Subject to the provisions of this Ordinance, the Court make adop- tion orders may, upon an application made in the prescribed manner, make an order (in this Ordinance referred to as an adoption order) authorizing the applicant to adopt an infant,

(2) An adoption order may be made on the application of two spouses authorizing them jointly to adopt an infant.

(3) An adoption order may be made authorizing the adoption

of an infant by the mother or father of the infant, either alone or jointly with her or his spouse.

4. (1) An adoption order shall not be made in respect of Restrictions an infant unless the applicant or, in the case of a joint application, adoption

on making one of the applicants-

orders.

(a) has attained the age of twenty-five and is at least twenty-

one years older than the infant; or

(b) has attained the age of twenty-one and is a relative of the

infant; or

(c) is the mother or father of the infant.

(2) Subject to the provisions of section to, an adoption order shall not be made in respect of an infant who is a female in favour of a sote applicant who is a male, unless the Court is satisfied that there are special circumstances which justify as an exceptional measure the making of an adoption order.

(3) Except as provided by subsection (2) of section 3, an adoption order shall not be made authorizing more than one person to adopt an infant.

(4) Subject to the provisions of sections 5 and 10, un adoption urder shall not be made-

(a) in any case, except with the consent of every person who is a parent or guardian of the infant or who is liable by virtue of any order or agreement to contribute to the maintenance of the infant; or

(b) on the application of one of two spouses, except with the

consent of the other spouse.

(5) An adoption order shall not be made in respect of any infant unless the applicant and the infant reside in the Colony.

(6) An adoption order shall not be made in respect of any infant unless-

(4) the infant has been continuously in the care and possession of the applicant for at least six consecutive months im- mediately preceding the date of the order; and