Kids & New Partner

You need to talk with a Hong Kong solicitor, but one idea is to use a durable power of attorney for the medical authorization. As far as permanent custody . . . wow. That's another issue altogether, to deprive a parent of a child, which is what you are trying to do.

It doesn't seem likely that your spouse will be able to legally adopt your kids unless your ex is willing to relinguish all rights to the children. Appointing your spouse as a legal guardian might be an idea.

Take a look at the Adoption Ordinance (Cap 290 of the Laws of HK and the related Family Law Section). If you should pass away, it's likely that your ex will be granted custody of your children as he is the next of kin and biological parent.

Sunshine, you misread my reply! I did NOT say "deprive a child of a parent." The divorce custody decision was made as between biological parent A and biological parent B. It did not deprive Parent B of his rights to the children as against anyone else in the world except parent A. Parent B continues to have a legal right (and is expected) to be involved in his children's lives to a degree that would trump almost anyone else in the world. In the absence of some highly compelling reason, a biological parent will always win against a non-biological party in a custody battle. That's why my reply was worded, "deprive a parent of a child." The biological parent is the one with the "rights" and it takes a very high standard of proof to show such abuse or neglect that those rights can be taken away.