### Adoption Ordinance 《領養條例》

35. Transitional provisions for Part 7
(1) Part 7 shall not apply in relation to any arrangement or placement for adoption referred to in section 34.
(2) If the Director has assessed that a person is suitable to be an adoptive parent and the assessment remains valid as at the commencement* of section 27, then it may be taken as an assessment made by the Director under section 29, and accordingly, the provisions of Part 7 shall apply in relation to any decision made after that commencement for placing a particular infant with that person.
(3) If a prospective adopter for the adoption of an infant has not filed, as at the commencement* of Part 7, a notice under section 5(7)(b) stating his intention to apply for an adoption order in respect of the infant, then subject to subsection (2), the prospective adopter shall apply for an assessment under section 27 and accordingly, the provisions of that Part shall apply in relation to the proposed adoption in all respects.
(Added 28 of 2004 s. 33) Editorial Note:* Commencement date: 25 January 2006.

### Adoption Rules 《領養規則》

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(3) (Repealed 66 of 1999 s. 3)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)

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)

### Adoption Rules 《領養規則》

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 $3,970 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)
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)

### Adoption Rules 《領養規則》

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)

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)