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The Hong Kong Committee on Children's Rights would like to submit the following comments on the Report:

1. Best interests of the child:
The Committee supports the principle that the best interests of the child should be the first and paramount consideration.

2. Religious upbringing:
The Committee recommends that the views of the birth parents be taken into consideration when adoption is arranged.  For children mature enough to express their opinions, their views should be taken into account.

3. Removal of discriminatory Provisions in the Adoption Ordinance
It should be possible for a sole applicant (male or female) to adopt a child (male or female) when this is in the best interest of the child.

4. Access to Adoption Records/Rights of Birth Parents/The Birth Parents' Right of Veto
The Social Welfare Department should make more effort to explore the possibility of arranging open adoption where this is of potential benefit to the child, the birth parents and the adoptive parents. Birth parents should be made aware of the implication of veto, while adoptive parents should be made to understand that the veto may be lifted and its subsequent implication.

The adopted child who reaches an age when interest is shown towards his birth records, should be able to contact the original adoption agency or another relevant agency for assistance. The agency should make an effort to discreetly ask his birth parents, wherever possible, whether or not they wish the veto to be upheld. Counselling for the adopted child, the birth parents and the adoptive parents should be provided as appropriate.

5. Relinquishment of Parental Rights and Revocation of Consent for Adoption
Children should be placed with potential adoptive parents as early as possible with the understanding that the birth parents could still change their decision. Birth parents should be counselled up to and after, as necessary, the signing of the
consent for adoption.

6. Dispensation of Birth Parents' Consent for Adoption
Where the birth parents cannot be found or are incapable of giving consent, consent from birth parents can be dispensed with when the adoption is in the best interest of the child or the advantage of the child having a new family and legal status is significantly greater than attempts at obtaining consent.

7. Local and Overseas Adoption Arrangements
It should be possible for agencies other than the Social Welfare Department to be approved as adoption agencies. The approval should come from an independent body e.g. the court. This provides choices for the children, the birth parents and the adoptive parents and a stimulation for quality improvement.
An independent body should have the authority to monitor these adoption agencies. The child should have an independent guardian ad litem other than the agency arranging the adoption placement.
 

Hong Kong Committee on Children's Rights 
February, 1999