Living in Hong Kong

Hong Kong Adoption Procedures

The adoption unit of the Social Welfare Department is the government office in charge of adoptions in Hong Kong. Persons who wish to adopt a child in Hong Kong should be over 25 years of age and able to show an income sufficient to ensure financial stability. The couple must be married for at least three years (if it is a first marriage for both parties) to demonstrate stability and to determine the probability of childlessness. If either party was previously married the time period used is five years. Persons who are 21-25 years of age or who are unmarried may be allowed to adopt Hong Kong children in privately arranged cases where the child is presented to the applicant by his/her natural parents. Persons over 45 are considered by the Social Welfare Department if they are willing to accept older children. Applicants should be permanent residents of Hong Kong or should offer assurance that they will be in Hong Kong long enough for the adopted child to settle down satisfactorily and for the adoption processing to be completed. This would require at least an 12 month stay in Hong Kong.

The adoption process begins with the couple submitting an application to the Director of the Social Welfare Department. Following this the Social Welfare Department compiles a "home study" which consists of interviews, home visits, and a medical examination of the couple. If, based on the findings in the home study, the application is approved, the Social Welfare Department attempts to match the couple with a child. If a match is made, the Director of Social Welfare gives written consent to release the child into the applicant's home for a period of at least six months.

Once a child is placed in the applicant's home, they may initiate legal adoption proceedings by submitting Form One to the Director of Social Welfare. Following this, an adoption worker will make periodic supervisory visits to the applicants at home to determine whether adoption by the applicants would be in the best interests of the child. Within four months of submitting Form One, the applicants submit Form Two (Originating Summons) which is an application to the District Court for an Adoption Order. At this time someone, usually the Director of Social Welfare, is named by the Court as the temporary guardian of the child which is known as the guardian at litem. The guardian at litem must report to the Court all its findings regarding the circumstances pertaining to the proposed adoption. At this time the applicants pay a HK$2,840 guardian at litem fee. Within 14 days of filing Form Two, the applicants file Form Three, a statement supporting the application. In addition to this sworn statement, the applicants submit a copy of their marriage certificate, the medical report and birth certificate of the child, and consent form from the child's parents or guardian. After receiving the Forms and the guardian ad litem's recommendations, the Court sets a hearing date for the adoption to take place. For further information regarding adoption in Hong Kong interested persons may contact:

Adoption Unit
Social Welfare Department
38 Pier Road
4/F, Harbour Building
Hong Kong
Tel: 2852-3107
Fax: 2851-9189
Homepage: http://www.swd.gov.hk/

As an alternative, American citizens may apply to bring a Hong Kong child to the United States for adoption through the International Social Service in Hong Kong. This agency works closely with Hong Kong's Social Welfare Department in placing children overseas. The adopter need not travel to Hong Kong to see the child nor escort the child to the U.S. though this is advisable. Individuals desiring information regarding required procedures can write to the following address:

International Social Services
6/F Southorn Centre
130 Hennessy Road
Wanchai, Hong Kong
Tel: 2834-6863
Fax: 2834-7627
Homepage: http://www.isshk.org

Once a U.S. citizen applies to adopt a Hong Kong child, the International Social Service requests an approved U.S. social agency to carry out a background check on the prospective adoptive parent or parents. The name of the adopter will be placed on a waiting list with the International Social Service if the result of the background check is favorable and acceptable to the Social Welfare Department which must give final approval for all adoptions.

There are few infants available for adoption in Hong Kong. Most children are two years of age and older and some have medical disabilities. When a child becomes available for adoption, the International Social Service tries to match the child to the most suitable prospective adopter on the waiting list. Thus the principle of "first come, first served" does not apply in this situation. Ethnic Chinese stand a better chance than non-Chinese of adopting a Hong Kong child because the latter are mostly Chinese. However, non-Chinese have a good chance of being able to adopt a child if they do not discount taking an older child or a child with medical problems. According to the International Social Service, the average waiting time between initial application to adopt and final approval for the child to travel to the U.S. for adoption is at least ten months.

The International Social Service will assist adoptive parents to meet the requirements of U.S. immigration law to take the child to the U.S. for adoption. To obtain an immigrant visa for this purpose, the child being adopted must be an orphan as defined in section 101(b)(1)(F) of the Immigration and Nationality Act of 1952, as amended. This law defines an orphan as a child under the age of 16 whose parents have died or disappeared, or whose parents have abandoned, deserted, or become separated from him/her. If the child in question has only one parent, that parent must be incapable of providing for the child's care and must have irrevocably released him/her for emigration and adoption in order for the child to be considered an orphan.

All placements of children with adoptive parents must comply with Hong Kong government regulations and the Hong Kong government must certify that all pertinent laws have been complied with.

To qualify for an immigrant visa, an orphan must fall within one of the two following categories. The first is an orphan adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who personally saw and observed the child prior to or during the adoption proceedings. The second is an orphan coming to the United States for adoption by a United States citizen and spouse jointly or a United States citizen at least twenty-five years of age who have been approved and recommended by an official of the responsible State agency in the State of the child's proposed residence or by an official of an agency authorized by the responsible State agency.
The Immigration and Nationality Act contains a number of further requirements relating to an orphan's qualification for an immigrant visa for the United States. Adoptive parents will need to file a petition (Form I-600) and fingerprints of both adoptive parents (Form FD-258) with the Department of Homeland Security-Immigration. They may file this petition either with the overseas office of the Bureau of Immigration and Customs Enforcement (BICE) (formerly U.S. Immigration and Naturalization Service) in Hong Kong or with the Department of Homeland Security-Immigration having jurisdiction over the adoptive parents' place of residence in the U.S. Along with the petition, adoptive parents must submit evidence of their age, citizenship, a marriage certificate and proof of legal termination of any previous marriages, the child's birth certificate, and proof of their financial ability to support the child. They also will need to have a licensed adoption agency in the United States prepare a home study report favorably recommending adoption.

For more detailed information about U.S. regulations concerning adoption please contact the Department of Homeland Security, Citizenship and Immigration Service. The address is U.S. Consulate General, 2/F, 26 Garden Road, Hong Kong, Tel: 2841-2412.