Category

Adoption Act 1952

Registration of Adoptions Act 1952

Applicability

Non-Muslims only

Muslims and Non-Muslims

Governing Body

Sessions Court or High Court of Malaya

National Registration Department

Procedure

1. Filing of Petition and Affidavit in Support of Adoptive Parents

2. Adoption hearings are conducted behind closed doors, in the judge’s chambers.

3. Adoptive parents are required to obtain consent from the child’s birth parents, however such requirement may be dispensed with the Court’s discretion should there exist a situation where the child had been neglected or mistreated under s. 5(1) of the Adoption Act.

4. A first hearing date will be set for the court’s appointment of a social welfare office as the guardian ad litem (court appointed guardian) to investigate the welfare of the child in which the said guardian will conduct checks and inquiries with the adoptive parents. A welfare report will be prepared for the Court’s reference in this regard.

5. A second hearing will be fixed in 3 or 4 months’ time to ensure the welfare officer is able to produce a comprehensive welfare report in which the Court will consider the welfare report and decide the application.

1. Before an application can be made, the child must be in the custody of the adoptive parents for at least two years (this requirement may be dispensed with consent by the Registrar of Adoptions)

2. Express consent from birth parents is required (this requirement may be dispensed with consent by the Registrar of Adoptions)

3. The child must be brought up, by the adoptive parents for a period not less than two years.

4. Adoptive parents may be interviewed and queried as to the wishes and context of the adoption.

5. Adoptive parents are to obtain a welfare report from the welfare department on the adoption.

6. Registrar will review the welfare report and all previous investigations conducted into the welfare of the child before deciding on the application.

End product

Sealed Order of the Court

Certificate of Adoption.

Next steps

Sealed order will be sent to the National Registration Department for registration in the Adopted Children Register.

The original birth certificate will be cancelled and a new certificate will be re-issued for the adopted child.

New birth certificate will reflect the adoptive parents’ names as if the child was born to the adoptive parents. No reference will be made to the child’s biological / birth parents.

No re-issuance of birth certificate as the original birth certificate will be replaced with a certificate of adoption.

Time frame

6-9 months 

Minimum of 2 years

Requirement of Adoptive Parents

1. Where neither applicant is the parent or relative of the child, he or she needs to be at least 25 years old and is at least 21 years apart from the child to be adopted.

2. Must reside in Peninsular Malaysia.

3. If non-citizen, must show documents or intention to reside in Malaysia.

1. Where neither applicant is the parent or relative of the child, he or she needs to be at least 25 years old and is at least 18 years apart from the child to be adopted.

2. Must reside in Peninsular Malaysia.

3. If non-citizen, must show documents or intention to reside in Malaysia.

4. Child must not be subject of adoption under Adoption Act.

Documents required

1. Child’s birth certificate

2. Adoptive parent’s IC

3. Birth parent’s consent (subject to dispensation of the requirement under.

4.  Statutory declaration from birth parents.

5. Statutory declaration from de facto guardian.

Legal effect

The rights, duties, obligations and liabilities shall vest in and be exercisable and enforceable against the adoptive parents as though the adopted child was born to the adoptive parents in a lawful wedlock. The right to inheritance and distribution of estate will be transferred from birth parents to adoptive parents. However, this is not applicable to Muslim adoptive parents as Faried principle applies accordingly.