Adoption is a legal process that allows individuals or couples to become the legal parents of a child, including those opting for single parenthood. In Malaysia, the adoption process is governed by two (2) legal regimes: Adoption Act 1952 (“Adoption Act”) and the Registration of Adoption Act 1952 (“ROAA”).
Legal Regimes for Adoption in Malaysia
- Adoption Act 1952 (“Adoption Act”) :
- Applicable only to non-Muslims in Peninsular Malaysia.
- Adoption process requires a court order.
- Results in the issuance of a new birth certificate for the adopted child, listing the adoptive parents as the child’s birth parents.
- Registration of Adoption Act 1952 (ROAA):
- Applicable to both Muslims and non-Muslims in Peninsular Malaysia.
- Involves a self-registration process by the adoptive parents.
- Does not result in the issuance of a new birth certificate with the adoptive parents’ names.
The Adoption Process Under the Adoption Act
Which Court to Approach
Adoption applications can be filed in either the High Court or the Sessions Court. However, for quicker processing, it’s recommended to file in the Sessions Court. The adoption order can typically be obtained within 3-4 months after filing, compared to at least 2 years for a certificate under ROAA.
Steps in the Adoption Process
- Initial Filing:
- File an originating summons supported by an affidavit in the Sessions Court.
- First hearing is scheduled to appoint a guardian ad litem, usually a Social Welfare Officer, to investigate the application.
- Investigation:
- The guardian ad litem investigates the adoptive parents’ means and status and ensures the truth of the application statements.
- Final Hearing:
- The court reviews the Social Welfare Officer’s report and considers the welfare of the child before granting the adoption order.
Attendance of all parties is mandatory unless exempted by a court order.
Eligibility Criteria for Applicants
- Must be a resident of Peninsular Malaysia.
- Must be at least 25 years old and at least 21 years older than the child, unless the court grants an exception.
- Must inform the Social Welfare Department of the intention to adopt before the adoption order.
Eligibility of the Child
- Must be unmarried and under 21 years old.
- Must be a resident of Peninsular Malaysia.
- Must have been in the care of the adoptive parents for at least three consecutive months before the order.
Consent Requirements
- Natural parents or guardians must consent to the adoption.
- Consent can be waived if the child was abandoned, ill-treated, neglected, or if consent was unreasonably withheld.
Effects of Adoption Under the Adoption Act
Once the adoption order is granted:
- The adopted child is treated as if born to the adoptive parents in lawful wedlock.
- The adopted child gains the same rights as a biological child, including inheritance rights.
- The legal bond with the natural parents is severed.
The original birth certificate of the adopted child can be surrendered for cancellation and replaced with a new one listing the adoptive parents, without any indication of the adoption.
Conclusion
Adoption in Malaysia is a structured process designed to ensure the welfare of the child and the suitability of the adoptive parents. By understanding and navigating the legal requirements, adoptive parents can provide a loving and stable home for children in need, creating new family bonds and transforming lives.
