Amendment
2
Section 4 of the principal Ordinance is amended-
4.
of section 4.
(a)
by the deletion of subsection (1) and the substitution therefor of the following—
Amendment
"(1) Subject to the provisions of subsection (1A), an adoption order shall not be made in respect of an infant unless the applicant-
(a) is the mother or father of the infant;
(b) is a relative of the infant and has attained the
age of twenty-one years; or
(c) has attained the age of twenty-five years, (IA) An adoption order may be made in respect of an infant on the joint application of two spouses-
(a) if either of the applicants is the mother or father
of the infant;' or
(b) if the condition set out in paragraph (b) or paragraph (c) of subsection (1) is satisfied in the case of one of the applicants and the other applicant has attained the age of twenty-ond years.";
(b) by the deletion in subsection (6) of the word "and" at the end
of paragraph (4); and
(c) by the deletion in subsection (6) of paragraph (b) and the
substitution therefor of the following—
*(b) the applicant has, at least six months before the date of the order, lodged with the Director in such form as is prescribed by rules made in accordance with the provisions of section II, notice in writing of hi intention to apply for an adoption order in resped of the infant; and
(c) the applicant has, within four months after the date
of lodging such notice as is referred to in par graph (6), applied to the Court for an adoption orda in respect of the infant.”.
5. Section 6 of the principal Ordinance is amended by the inser
of section 6. tion in subsection (2) after the words “a justice of the peace" of the
following-
Amendment
of sections
13. 19 and
31.
"or a Commissioner for Oaths".
6. Sections 13, 19 and 21 of the principal Ordinance are amended by the deletion of the words "of Social Welfare" after the word "Director", wherever the same appear.
3
The principal Ordinance is amended by the addition after Addition section 15 of the following new section-
of new
7.
"Effect of
quereses
daption
15A. (1) Where a person has been adopted, whether before or after the coming into operation of this section. in any place outside Hong Kong according to the law of that place, and the adoption is one to which this section applies, then for the purposes of this Ordinance and all other Hong Kong enactments, the adoption shall have the same effect as an adoption order validly made in accordance with the provisions of this Ordinance, and shall have no other effect.
(2) Subsection (1) shall apply to an adoption in any place outside Hong Kong, it—
(a) the adoption is legally valid according to the law
of that place, and
(b) in consequence of the adoption, the adoptive parents or any adoptive parent bad, or, if the adopted person had been a young child, would have had, immediately following the adoption, according to the law of that place, a right superior to that of any natural parent of the adopted person in respect of the custody of the person; and (e) either-
(i) the adoption order was made by an order of any Court whatsoever of a Commonwealth country or of the United States of America or of any State or territory of the United States of America; or
(1) in consequence of the adoption, the adoptive parents or any adoptive parent had im- mediately following the adoption, according to the law of that place, a right superior to or equal with that of any natural parent in respect of any property of the adopted person which was capable of passing to the parents or any parent of the person in the event of the person dying intestate without other next of kin and domiciled in the place where the adoption was made and a national of the State which had jurisdiction in respect of that place.
but not otherwise.
(3) Nothing in this section shall restrict or alter the effect of any other adoption made in any place outside Hong Kong"
section 15A.
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