1956-HKRS28-8-23_Part01 — Page 44

Consent to adaption.

(b) the applicant has, at least six months before the date of the order, notified the Social Welfare Officer of his intention to apply for an adoption order in respect of the infant,

5. (1) The Court may dispense with any consent required by paragraph (a) of subsection (4) of section 4 if it is satisfied-

(a) in the case of a parent or guardian of the infant, that he bas abandoned, neglected or persistently ill-treated the infant

i

(b) in the case of a person liable by virtue of an order or agreement to contribute to the maintenance of the infant, that he has persistently neglected or refused so to con- tribute;

(c) in any case, that the person whose consent is required cannot be found or is incapable of giving his consent or that his consent is unreasonably withheld,

or if it is of opinion that such consent ought, in all the circum- stances of the case, to be dispensed with.

(2) The Court may dispense with the consent of the spouse of an applicant for an adoption order if satisfied that the person whose consent is to he dispensed with cannot be found or is incapable of giving the consent or that the spouses have separated and are living apart and that the separation is likely to be per- manent, or if It is of opinion that such consent ought, in all the circumstances of the case, to be dispensed with.

(3) The consent of any person to the making of an adoption order in pursuance of an application may be given (either un- conditionally or subject to conditions with respect to the religious persuasion in which the infant is to be brought up) without knowing the identity of the applicant for the order; and where consent so given by any person is subsequently withdrawn on the ground only that he does not know the identity of the applicant, bis consent shall be deemed for the purposes of this section to be unreasonably withheld,

(4) While an application for an adoption order in respect of an infant is pending in any Court, any parent or guardian of the infant who has signified his consent to the making of an adoption

order in pursuance of the application shall not be entitled, except with the leave of the Court, to remove the infant from the care and pussession of the applicant; and in considering whether to grant or refuse such leave the Court shall have regard to the welfare of the infant.

consent of

6. (1) Where any person whose consent to the making of Evidence of an adoption order is required by paragraph (a) of subsection (4) parent or of section 4 does not attend in the proceedings for the purpose of guardian. giving it, then, subject to the provisions of subsection (3), a document signifying his consent to the making of such an order shall, if the person in whose favour the order is to be made is named in the document or (where the identity of that person is not known to the consenting party) is distinguished therein in the prescribed manner, be admissible as evidence of that consent, whether the document is executed before or after the commence- ment of the proceedings.

(2) Where any such document is attested by a justice of the peace (or, if executed outside the Colony, by a person of any such class as may be prescribed), the dominent shall be admissible as aforesaid without further proof of the signature of the person by whom it is executed; and for the purposes of this subsection. a document purporting to be attested as aforesaid shall he deemed to be so attested, and to be executed and attested on the date and at the place specified therein, unless the contrary is proved.

(3) A document signifying the consent of the mother of an infant shall not be edmissible under this section unless-

(4) the infant is at least six weeks old on the date of the

execution of the document; and

(b) the document is attested on that date by a justice of the peace or, as the case may be, by a person of a class pre- scribed for the purposes of subsection (2),

7. (0) The Court before making an adoption order shall be Functiona

of Court as satisfied-

to adoption orders,

(a) that every person whose consent is necessary under this Ordinance, and whose consent is not dispensed with, has consented to and understands the nature and effect of the adoption order for which application is made, and in