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Subsidiary legislation of Adoption Ordinance gazetted

The Government has published the subsidiary legislation of the Adoption Ordinance (Cap 290) in the gazette today (December 16). The subsidiary legislation seeks to improve existing local adoption arrangements and to give effect to the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption (the Convention) in Hong Kong.

The subsidiary legislation includes the Adoption (Amendment) Rules 2005, the Convention Adoption Rules, the Intercountry Adoption (Contracting States) Order, the Convention Adoption (Exclusion) Order and the Adoption (Amendment) Ordinance 2004 (Commencement) Notice.

The Central People's Government ratified the Convention on September 16 this year, indicating the Convention will take effect in China, including the Hong Kong Special Administrative Region (HKSAR) on January 1, 2006. With the amendments to the principal Adoption Ordinance in place last year, HKSAR needs to enact the necessary subsidiary legislation under the Ordinance to tie in as far as practicable with the effective date of the Convention in HKSAR.

A Government spokesman said that once the legislation came into force, adoptions between unrelated people must be handled by the Social Welfare Department or duly accredited non-governmental organisations. Adoptions between related people may however continue to be arranged in private, for example, through lawyers.

"In addition, intercountry adoptions can in future be arranged according to the Convention. Local children with adoption as their best alternative will have more opportunities," the spokesman added.

The legislative amendments will be tabled at the Legislative Council on Wednesday (December 21) and will take effect on January 25, 2006.


Ends/Friday, December 16, 2005
Issued at HKT 12:11

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