Child Adoption in Malaysia
child adoption for non muslims
a comprehensive guide
Child adoption in Malaysia for non-Muslims is a life changing process governed by specific laws and regulations. This article aims to shed light on the key aspects of child adoption, including the relevant legal framework, procedural differences, and the implications for adoptive parents and children.
Legal Framework on Child Adoption
Adoption Act 1952 (Act 253)
The Adoption Act 1952 (Act 253) is the primary legislation governing child adoption for Non Muslims in Peninsular Malaysia. It provides a structured legal process to ensure the welfare of teh child and the rights of teh adoptive parents. Under this Act, a court order is required to formalise the adoption process, making it legally binding.
For adoption cases in Sabah and Sarawak, different legislations apply, so it is essential to consult a lawyer familiar with the regional laws.
Types of Child Adoption
Processes in Malaysia
There are two (2) primary avenues for child adoption for Non Muslims in Malaysia
Adoption by Court Proceedings
Under the Adoption Act 1952, adoption by court proceedings provides adoptive parents with a legal adoption order. Key feature includes:
- Eligibility
- Adoptive parents must be non Muslims, over the age of 25 years, and at least 21 years older than the adopted child.
- Process
- Filing an originating summons at the Sessions Court or High Court of Malaya
- Social Welfare Officers conducting interviews and investigations to assess the suitability pf the adoptive parents
- Obtaining a court hearing and final adoption order.
- Outcome
- The child’s old birth certificate will be replaced with a new birth certificate containing the adoptive parents name on it.
Adoption through the National Registration Department (JPN)
This administrative process is an alternative to court adoption and is governed by the Registration of Adoptions Act 1952. Key feature includes:
- Eligibility
- Similar to court adoption, the adoptive parents must be Non Muslims
- Process
- Submission of an application to JPN
- Approval of the adoption by the JPN Adoption Committee
- Outcome
- Birth certificate remains original. Separate adoption certificate will be issued.
Why Choose Court Adoption Over JPN Adoption?
Court Adoption offers greater legal security for adoptive parents, especially in cases where inheritance rights or international relocation are involved. On the other hand, JPN adoption may suffice for simpler family arrangement within Malaysia.
common questions
No, original birth certificate is a must.
Yes, there are no restrictions under Act 253.
Act 253 don’t have any restrictions on this. However so, it is not encouraged if the child is female. In such cases, reference will be made to the Registrar-General of Birth and Deaths and the Departments of Social Welfare.
Yes, provided that the child has completed the normal period of residence as required under the Act. And have a valid travel document before being eligible for the adoption application.
Yes. The condition is that one of the spouses must have attained the age of 25 and that he/she is a brother/sister, uncle/aunt of the child.
Can provided the adoptive parents and the child lived in Malaysia continuously for 2 years before an application for adoption to be made. However so, take note that this is subject to the judge’s discretion.