Child adoption in Malaysia is an often-discussed issue among Malaysians. This article explains the governing Malaysian law for adoption, the steps for adoption, and the effect of adoption.
What is Child Adoption in Malaysia?
Child adoption in Malaysia is a legal process that allows individuals or couples to adopt and become the legal parent of a child. It is conducted according to the adoption laws in Malaysia.
The nature and purpose of adoption includes the following:
For adoptive parents or individuals
It allows them to legally adopt children for family planning when for some reason, unable to conceive a child.
For children
It allows them to grow up in a stable and healthy environment, thus reducing social and crime issues.
The adoption law in our country is the Adoption Act of 1952. This law applies to both non-Muslims and Muslims in Peninsular Malaysia and sets the requirements and process for adoptions which are further explained below.
Eligibility for Adoption
Before any individual intends to apply for any adoption order, they should meet the main requirements amongst others which are:
Age and residence
(a) Age
If there is no family relationship between the applicants and the child, the proposed adoptive parents who are the applicants must be at least 25 years old and at least 21 years older than the child (who must be less than 21 years old);
(b) Residence
The adopted parents and infant/child must reside in Peninsular Malaysia. Malaysian citizens are usually presumed to be ordinarily resident in Malaysia.
(c) Care of applicant
At least 3 months before the making of the adoption order, the child is in the care of the proposed adoptive parents and they must inform the Social Welfare Department of his intention to apply for the order.
Consent to adoption
The consent of the natural parents of the child (both birth mother and father) or guardian must be obtained.
Welfare
The court will also consider whether the adoption order will be for the welfare and interest of the child. In this regard, the court will consider whether the family environment of the adoptive parents offers a supportive environment for the growth of the child.
Steps in the Adoption Process
The legal adoption process in Malaysia usually involves the following steps:
Step 1: Filing an adoption petition
The adopter or adoptive parents can initiate the application by filing an adoption petition at the High Court or Sessions Court. If it is an application by both spouses, then they can file a joint application.
The adoptive child, guardian ad litem (court-appointed officer as explained below), and natural parents of the child should also be made parties to the matter. At the same time, the applicant or its lawyer can prepare court documents such as an affidavit with necessary documents including:
(a) Identification documents of the adopted child’s birth certificate, the identity card of the applicant, and marriage certificate
(b) Forms showing consent for the adoption from the natural parents
The forms should follow the prescribed procedures to ensure the adoption process is smooth.
Step 2: Appointment of a guardian ad litem
During the first court session, the court usually appoints a representative officer from the Social Welfare Department to be the guardian ad litem of the child. The role of the guardian ad litem includes investigating the abilities of adoptive parents to provide support to the child and form an opinion after the investigations.
Step 3: Investigation by the social welfare department
After the appointment, an officer from the social welfare department usually visits the home of the adopter's parents. This is part of the investigation to ensure the applicants can give the adopted child proper education and other conditions needed for the maintenance of lives.
After the investigation, the officer then writes down his opinion in a report which will be submitted to the court later.
Hearing and Adoption Order
After the investigation is complete, the court will schedule a hearing where the adoptive parents, child, natural parents, and guardian ad litem must be present. During the hearing, the judge may interview the parties, and this is an opportunity for the adoptive parents to show the court that they have fulfilled the legal requirements for the granting of an adoption order.
If the judge is satisfied with the report from the social welfare officer and other matters, he then gives a court order that the child is now legally the adopted child of the adopters.
Finalising the adoption process
The next step will be to prepare the court order that contains the court’s decision, which usually includes the following orders for the Registrar General of the National Registration Department or Jabatan Pendaftaran Negara (‘JPN’) to:
(a) Issue a new certificate of birth for the adopted child with the new name of the child and which is not to contain the words ‘Adopted’
(b) Enter in the Adopted Children Register with the word ‘Adopted’ for the child.
After that, the last step is to submit the documents to the JPN for the adoption registration and issuance of a new birth certificate following another law, Registration of Adoption Act 1952. The required documents to be submitted include:
The Court-issued adoption order
Identification documents of the adoptive parents (MyKad or other valid identification)
Original birth certificate of the adopted child
After the payment of the registration fee and issuance of the new child's birth certificate, the adoption process is now completed.
Legal Effects of Adoption Order
Once an adoption is registered, here are a few effects of the adoption:
Transfer of rights from biological parents
The adoptive parents assume all parental rights and duties as the status of a new parent. This includes legal custody, and providing maintenance and education of the adopted child.
Inheritance
The adopted child can inherit from the adopted parents’ estate according to the law as if he is born in lawful wedlock (which means as if this child was born in a legal marriage).
The adoption order gives legal parentage to the adoptive parents and prevents cases of unregistered adoption cases.
Getting Legal Assistance
Application for an adoption order in Malaysia is complex as it involves many institutions and departments. Furthermore, this can also involve other areas of law such as family law in Malaysia and divorce procedures in Malaysia.
Thus, it is suggested to engage a lawyer who has experience in both adoption and divorce laws in Malaysia for this matter. As for the costs, the legal fees to apply for an adoption order in Malaysia usually start from a few thousand ringgit.
Conclusion
Child adoption in Malaysia requires an understanding of specific procedures and careful planning to ensure a successful outcome. If you have any queries or looking for legal services, do contact us and we will guide you through the process.
Frequently Asked Questions
1. Is it hard to adopt a child in Malaysia?
No, it is not hard to adopt a child in Malaysia. Adoption Act of 1952 sets a few requirements that one must meet in applying for an adoption order in Malaysia.
2. What are the 5 stages of the adoption process?
The adoption process usually follows 3 processes. First, it is to find an adoptive child. Secondly, it is to apply to the court for an adoption order and then lastly, to register the adoption order.
