### Adoption Ordinance 《領養條例》

26. Accredited bodies
(1) The Director may, in accordance with the principles set out in Articles 10 and 11 of the Convention (as defined in section 20A(1)), accredit, or renew the accreditation of, a body of persons (corporate or unincorporate) as an accredited body in relation to—
(a) Convention adoption; or
(b) non-Convention adoption.
(2) The Director may, in accordance with the principles set out in Schedule 4, accredit, or renew the accreditation of, a body of persons (corporate or unincorporate) as an accredited body in relation to local adoption.
(3) An accreditation may be subject to such conditions as the Director may reasonably impose.
(4) Unless revoked or suspended, an accreditation shall be valid for a period of 4 years or such lesser period as the Director may determine when he grants or renews the accreditation.
(5) The Director may, at any time by notice in writing served on the accredited body, amend or revoke any such condition, or impose new conditions, as may be reasonable in the circumstances.
(6) An accredited body may, while acting under and in accordance with its accreditation and subject to the provisions of this Ordinance, make arrangements for the adoption of infants and proceed with their placement for adoption.

26A. Revocation or suspension of accreditation
The Director may, at any time by notice in writing served on an accredited body, revoke or suspend its accreditation if—
(a) in his opinion, the accredited body is operated in a manner that is inconsistent with the principles in accordance with which it is accredited under section 26(1) or (2); or
(b) any condition of the accreditation has not been or is not being complied with by the accredited body.

26B. Register of accredited bodies
(1) The Director shall cause to be kept, in such form as he may specify, a register of accredited bodies containing—
(a) the name and address of every accredited body; and
(b) such other particulars as the Director thinks fit.
(2) The Director shall make such amendment to the register as may be necessary for the purpose of maintaining the accuracy of the register.
(3) The register may be inspected at the office of the Director during office hours by any member of the public.
(4) A certificate purporting to be signed by or for the Director that a body of persons is or is not an accredited body shall be evidence of the facts stated in the certificate until the contrary is proved.
(5) A copy of an entry in the register purporting to be certified under the hand of the Director shall, until the contrary is proved, be admitted in evidence as proof of the facts stated in the certificate.

### Adoption Ordinance 《領養條例》

27. Duty to apply for assessment of suitability to be an adoptive parent
(1) Subject to subsection (2), a person resident in Hong Kong who intends to adopt any infant, other than a person who is—
(a) a parent or relative of the infant; or
(b) married to a parent of the infant,
shall apply in accordance with section 27A(1) and (2) for assessment of his suitability to be an adoptive parent.
(2) A person habitually resident in Hong Kong who intends to make an application for Convention adoption shall apply in accordance with section 27A(1) and (2) for assessment of his suitability to be an adoptive parent.

27A. Application for suitability assessment and authorization for checking criminal record, etc.
(1) An application under section 27 shall be made in a form specified by the Director and submitted—
(a) in the case of local adoption, to the Director or an accredited body accredited for that purpose;
(b) in the case of adoption of overseas children or Convention adoption, to the Director or an accredited body authorized by the Director in that behalf.
(2) The application shall be submitted together with—
(a) such information as the Director or the accredited body (as the case may be) may reasonably require; and
(b) a written authorization from the applicant to the Commissioner of Police authorizing the Commissioner of Police—
(i) to inform the Director whether or not the applicant has at any time been convicted of any offence in Hong Kong or elsewhere; and
(ii) if the applicant has a previous conviction, to release to the Director the particulars of the conviction.
(3) In the case of local adoption where the application is submitted to an accredited body, the applicant may, in the authorization, designate the accredited body in substitution of the Director for the purposes of subsection (2)(b)(i) and (ii). (Amended E.R. 2 of 2019)
(4) On receiving an authorization submitted under subsection (2), the accredited body shall forthwith send the authorization to the Director for him to proceed in accordance with section 28.
(5) The Director or the accredited body (as the case may be) may refuse to consider an application in respect of which subsections (1) and (2) are not complied with.

### Adoption Ordinance 《領養條例》

28. Criminal record checking, etc.
(1) On receipt of an authorization under section 27A(2)(b), the Director shall forthwith send to the Commissioner of Police—
(a) the authorization; and
(b) (if an accredited body is designated in the authorization pursuant to section 27A(3)) the Director’s certification to the effect that the authorization is submitted in support of an application for adoption.
(2) The applicant may be required to—
(a) attend before a public officer authorized by the Commissioner of Police for the purpose of subsection (3); and
(b) allow that officer to take and record his fingerprints.
(3) For the purpose of verifying whether or not the applicant has been convicted of an offence in Hong Kong or elsewhere, a public officer authorized by the Commissioner of Police for the purpose of this subsection may take and record the fingerprint impressions of the applicant for checking against police records, but any fingerprints obtained pursuant to this subsection shall be destroyed as soon as reasonably practicable after the record checking has been conducted.
(4) The Director or an accredited body may, for a purpose connected with a person’s proposed adoption of an infant, release any information on the person that the Director or the accredited body has obtained pursuant to section 27A(2)(b) (as read with section 27A(3)) to—
(a) the Government, or a government in a place outside the People’s Republic of China;
(b) an accredited body, or a person duly authorized (howsoever described) by a competent authority in a place outside the People’s Republic of China to place infants, or make arrangements, for adoption;
(c) any court having jurisdiction to make the adoption order;
(d) any other person who, in the opinion of the Director, reasonably requires the information to facilitate the process of the proposed adoption;
(e) the Administrative Appeals Board.

29. Suitability assessment
(1) After considering an application made under section 27A(1)(a) for local adoption, the Director or (if the application is submitted to an accredited body) the accredited body may decide that the applicant is suitable, or is not suitable, to be an adoptive parent.
(2) After considering an application made under section 27A(1)(b) for adoption of overseas children or Convention adoption, the Director may decide that the applicant is suitable, or is not suitable, to be an adoptive parent.
(3) In relation to an application made under section 27A(1)(b) for adoption of overseas children or Convention adoption, the Director may—
(a) designate an accredited body to collect such information as the Director may reasonably require to enable him to make the assessment;
(b) in making his assessment, take into account any recommendation made by that body on the basis of such information.