Family Law
Child Adoption

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Understanding Child Adoption in Malaysia

In Malaysia, child adoption is governed by two main legal frameworks:

  1. Registration with the National Registration Department (NRD) under the Registration of Adoption Act 1952: Applicable for both Muslims and non-Muslims, this process requires the child to be in the custody of the adoptive parents for at least two years.
  2. Court Application under the Adoption Act 1952: Applicable only for non-Muslims, this process allows adoptive parents to apply for an adoption order through the court after caring for the child for at least three months.

Our Adoption Services

Adopting a child in Malaysia involves navigating through legal procedures designed to ensure the welfare of the child and the rights of the adoptive parents. At YU & LING we provide comprehensive guidance and support throughout the adoption process, helping you understand each step and meet all legal requirements.

Legal Guidance and Consultation

  • Initial Consultation: We provide comprehensive consultations to explain the adoption process, legal requirements, and your rights and obligations as adoptive parents.
  • Eligibility Assessment: We assess your eligibility to adopt a child under Malaysian law, ensuring you meet all necessary criteria.

Adoption Process under the Adoption Act 1952 (for Non-Muslims)

  • Application Preparation: We assist in preparing and filing the necessary documents for the court adoption process.
  • Court Representation: Our team represents you in court to secure an adoption order, ensuring all legal procedures are followed correctly.
  • Post-Adoption Support: We offer guidance on post-adoption matters, including obtaining a new birth certificate for the adopted child.

Key Considerations in Child Adoption

Custody Period

  • Adoption Act 1952: Adoptive parents must have cared for the child for at least three months before applying for an adoption order.
  • Registration of Adoptions Act 1952: The child must be in the custody of the adoptive parents for a minimum of two years.

Legal Rights and Responsibilities

  • Inheritance Rights: A child adopted under the Adoption Act 1952 is legally considered a child born to the adoptive parents in lawful wedlock, with full inheritance rights.
  • Parental Obligations: All rights, duties, obligations, and liabilities of the birth parents transfer to the adoptive parents upon the adoption order.

FAQ

There are two ways to make an application for adoption:-

a. Registration with the National Registration Department (NRD) under Registration of Adoption Act 1952 (applicable for Muslims & Non-Muslims). Under this application, the child must be in the custody of the adoptive parents for at least two years ; and
b. Application through the Court process under the Adoption Act 1952 (only applicable for Non-Muslims). After 3 months of caring for the adoptive child, the adoptive parent(s) can apply to the court through a lawyer for an adoption order.

Yes. You can apply to the court for the change of surname during adoption process.

No. one of the main requirements for an adoption application is the birth certificate. If the child was born in this country but is without a birth certificate, then the application for the late registration of birth must be made first.

Yes, provided that the child has fulfilled the normal period of residence as required under the Registration of Adoption Act and has a valid travel document before making the adoption application.

A child adopted under the Adoption Act is legally considered a child born to the adoptive parents in lawful wedlock. Upon an adoption order being made, all rights, duties, obligations and liabilities of the birth parents, in relation to the future custody, maintenance and education of the adopted child shall vest in and be exercisable by and enforceable against the adoptive parents as though the adopted child was a child born to the adoptive parents in lawful wedlock. The right to inheritance under the Wills Act 1959 and the Distribution Act 1958 is also transferred from the birth parents to the adoptive parents.

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