1964_ADOPTION_ORDINANCE — Page 6

1987 Ed.]

Adoption

[CAP. 290

5

(5F) The Director shall, immediately upon the execution of the prescribed general form of consent by a parent, be guardian ad litem of the infant and may, where the infant does not have a guardian or no guardian can be found, perform such duties of a guardian as may be necessary in the interests of the welfare of the infant. (Added, 48 of 1977, s. 2)

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

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

(a) subject to paragraph (aa), the infant has been continuously in the actual custody of the applicant for at least 6 consecutive months immediately preceding the date of the order; (Amended, 21 of 1960, s. 4 and 13 of 1987, s. 3)

(aa) where the applicant or either of the applicants is a natural parent of the infant, the infant has been continuously in the actual custody of the applicant (or both applicants, where there are joint applicants) for at least 13 weeks immediately preceding the date of the order; (Added, 13 of 1987, s. 3)

(b) the applicant has not less than-

(i) 6 months before the date of the order; or

(ii) such shorter period before that date as the Court may allow on application by the applicant,

lodged with the Director notice in writing in the prescribed form of his intention to apply for an adoption order in respect of the infant; (Replaced, 62 of 1971, s. 2)

(c) the applicant has, within 4 months after the date of lodging such notice as is referred to in paragraph (b), applied to the Court for an adoption order in respect of the infant. (Added, 21 of 1960, s. 4)

(8) For the purposes of subsection (7), continuous actual custody shall not be regarded as broken during any period when the infant is an in-patient in a hospital or resides at a boarding school either in or outside Hong Kong. (Added, 13 of 1987, s. 3)

5A. (1) Subject to subsection (2), where on an application made by the Director, the Court is satisfied that any consent required by section 5(5)(a) should be dispensed with, it may make an order declaring an infant free for adoption.

(2) An application in respect of an infant may be made by the Director under subsection (1) only if under any Ordinance the Director is the legal guardian of the infant or the infant is in the care of the Director.

Freeing infant for adoption. [cf. 1976 c. 36, s. 18.]