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THE LAW REFORM COMMISSION OF HONG KONG - page 160 / 360

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the duty to ensure that appropriate medical assistance is sought when necessary,

the power to give or withhold consent to medical treatment,

the right to discipline the child,

the duty to ensure the child receives education,

the right to change the surname,

the right to bring the child up in a particular religion,

the right to give consent to marriage,

the right to consent to adoption or be notified of the adoption process,

the right to appoint a guardian for the child in the event of the parent’s death,

the duty to maintain the child,

the duty to protect the child,

the duty to allow access/ contact between the child and other persons exercising parental responsibility,

the right to remove from the jurisdiction, either permanently or temporarily, and

the right to act as next friend in the taking or defending of proceedings.704  

Second list

6.39The second list sets out when consent is required.  If consent is not forthcoming, a court order will be required.  We consider that this list should be as follows:

Consent to change the surname,

consent to the adoption process,

consent to removal out of the jurisdiction for more than one month, and

consent to permanent removal out of the jurisdiction.

Third list

6.40The third list specifies where notification is required.  We consider that the list should be as follows:

704 A person under 18 years cannot issue or defend proceedings in his own name but must have an adult, who is called “next friend” to act for him.

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