### Adoption Ordinance 《領養條例》

8. Functions of Court as to adoption orders
(1) The Court before making an adoption order shall be satisfied—
(a) that every person (other than a parent referred to in section 5(1)(c) if the adoption order is applied for under that section) 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 particular in the case of any parent understands that the effect of the adoption order will be permanently to deprive him or her of his or her parental rights; 
(b) that the order if made will be in the best interests of the infant, due consideration being for this purpose given to the wishes and opinions of the infant, having regard to the age and understanding of the infant; 
(ba) that section 5AA or 27A(2) (as the case may be) has been complied with and that, taking into account the information obtained by the Director from the Commissioner of Police, the applicant is a fit and proper person to be granted the adoption order; and (Added 28 of 2004 s. 14)
(c) that the applicant has not received or agreed to receive, and that no person has made or given or agreed to make or give to the applicant, any payment or other reward in consideration of the adoption except such as the Court may sanction.
(1A) The Court, in making an adoption order shall consider whether it is in the interests of the infant that his original identity should be disclosed to him, having regard to the views of the prospective adopter, the opinion of the Director and also to the age and understanding of the infant. (Added 48 of 1977 s. 4)
(2) The Court in an adoption order may impose such terms and conditions as the Court may think fit, and in particular may require the adopter by bond or otherwise to make for the infant such provision (if any) as in the opinion of the Court is just and expedient.
(Amended 28 of 2004 s. 14)[cf. 1950 c. 26 s. 5 U.K.]

### Adoption Ordinance 《領養條例》

9. Interim orders
(1) Subject to the provisions of this section and section 20C(7), the Court may, upon any application for an adoption order, postpone the determination of the application and make an interim order giving the custody of the infant to the applicant for a period not exceeding 2 years by way of a probationary period upon such terms as regards provision for the maintenance and education and supervision of the welfare of the infant and otherwise as the Court may think fit. (Amended 28 of 2004 s. 15)
(2) All such consents as are required to an adoption order shall be necessary to an interim order but subject to a like power on the part of the Court to dispense with any such consent.
(3) An interim order shall not be made in any case where the making of an adoption order would be unlawful by virtue of section 5(7).
(4) An interim order shall not be deemed to be an adoption order within the meaning of this Ordinance.
[cf. 1950 c. 26 s. 6 U.K.]

10. Adoption order in respect of infants previously adopted
(1) An adoption order or an interim order may be made in respect of an infant who has already been the subject of an adoption order under this Ordinance.
(2) In relation to an application for an adoption order in respect of such an infant, the adopter or adopters under the previous or last previous adoption order shall be deemed to be the parent or parents of the infant for all the purposes of this Ordinance.
[cf. 1950 c. 26 s. 7 U.K.]

### Adoption Ordinance 《領養條例》

12. Rules, etc.
(1) Rules in regard to any matter to be prescribed under this Ordinance and dealing generally with all matters of procedure and incidental matters arising out of this Ordinance and for carrying this Ordinance into effect shall be made by the Chief Justice. (Amended 92 of 1975 s. 58; 79 of 1981 s. 8)
(2) Such rules may provide for applications for adoption orders being heard and determined otherwise than in open court and for the non-disclosure by the Director of the whereabouts of an infant the subject of an application under section 5A, where such non-disclosure is in the interests of the infant. (Amended 13 of 1987 s. 5)
(3) For the purpose of any application for an adoption order, the Court shall, subject to any rules under this section, appoint some person to act as guardian ad litem of the infant upon the hearing of the application with the duty of safeguarding the interests of the infant before the Court. (Amended 48 of 1977 s. 6)
[cf. 1950 c. 26 s. 8 U.K.]

13. Rights and duties of parents and capacity to marry
(1) Upon an adoption order being made—
(a) all rights, duties, obligations and liabilities of the parents (other than a parent referred to in section 5(1)(c) if the order is made under that section) or guardians of the infant in relation to the future custody, maintenance and education of the infant (in this section referred to as the relevant matters

### Adoption Ordinance 《領養條例》

14. Cessation of certain orders, etc.
(1) Where an adoption order is made in respect of an infant who is born out of wedlock, then, subject to the provisions of this section, any order or agreement whereby the father of the infant is required or has undertaken to make payments specifically for the benefit of the infant, shall cease to have effect, but without prejudice to the recovery of any arrears which are due under the order or agreement at the date of the adoption order. (Amended 28 of 2004 s. 18)
(2) Where an infant to whom any such order or agreement as aforesaid relates is adopted by his mother, and the mother is a single woman, the order or agreement shall not cease to have effect by virtue of subsection (1) upon the making of the adoption order, but shall cease to have effect if she subsequently marries.
(3) Where an adoption order is made in respect of an infant in respect of whom an order is in force under section 34 of the Protection of Children and Juveniles Ordinance (Cap. 213), committing the infant to the care of a person or institution, or under section 35 of that Ordinance regarding the control and custody of the infant, the last mentioned order shall cease to have effect. (Amended 21 of 2020 s. 58)
(4) Where an adoption order is made in respect of an infant of whom the legal guardianship is vested in the Director, the Director shall cease to be the legal guardian of the infant. (Amended 1 of 1958 s. 2; 21 of 1960 s. 6)
[cf. 1950 c. 26 s. 12 U.K.]