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Adoption in Admiralty, Hong Kong is, at essence, a legal process that permanently transfers all the legal rights and responsibilities for a child from the birth parent(s) to the adoptive parent(s). As it is a complex area of law that involves the most sensitive aspects of an individual's life and family, the statutes and procedures are carefully regulated under the Hong Kong laws, including 'The Adoption Ordinance (Cap. 290)'.
An adoption lawyer can guide you through the legal process, making sure you understand every phase of the adoption journey. Whether it's a domestic or an international adoption, or you are a biological parent or an adoptive parent, you can face complex situations. Situations such as contested adoption, adoption by a single person or same-sex couple, or complications in the consent process often require legal help. Having a lawyer can ensure that your adoption process is compliant, ethical, and in the best interests of the child.
The key aspects of adoption law in Admiralty, Hong Kong are governed by 'The Adoption Ordinance and the Adoption Rules'. These laws stipulate that the adoption procedure must keep the child's best interests as the paramount consideration. Hong Kong law recognizes both local and overseas adoptions, and it allows for adoptions by single individuals and married couples. The court has to be satisfied that the adopters have the ability and intention to regard the child as their family and that they have taken care of the child for a significant period before the adoption. Expression of intention to adopt, home investigation, and the matching process are some of the stringent steps under the adoption procedure. It's important to note that adoption in Hong Kong severs all legal ties with the birth parents and transfers them to the adoptive parents.
Under local adoption laws, a child must be under 18 years old and not (or never been) married at the time when the adoption application is made.
Person above the age of 25 years or a couple jointly can apply for adoption in Admiralty, Hong Kong. But if the adopter is a relative of the child or the spouse of the child's parents, the minimum age of the adopter can be decreased to 21.
According to the current law, same-sex couples do not have the same adoption rights as heterosexual couples in Hong Kong. However, a single person, regardless of sexual orientation, may adopt a child.
The consent of the biological parent(s) is generally required for adoption. But the court may dispense with such consent if it's in the best interest of the child, for instance, if the parents cannot be found or if the child is abandoned or neglected.
Once an adoption order is granted by the court, the adoptive parent(s) will have all legal rights and responsibilities over the child. The child will be regarded as the legitimate child of the adoptive parent(s), and the biological parents will cease to have any legal rights over the child.
The Social Welfare Department and Adoption Unit of Hong Kong government provide comprehensive resources on their websites. They provide specific guidance and handbooks for prospective adoptive parents and offer post-adoption services. Support groups and NGOs like Mother's Choice and Adoptive Families of Hong Kong also provide resources and support to adoptive families and birth parents.
If you need legal assistance in adoption, it's recommended that you consult with an experienced family lawyer who is familiar with the adoption laws and process in Admiralty, Hong Kong. The lawyer can provide you with comprehensive legal advice, assist in preparing the necessary documents and represent you in court hearings if necessary.
