We have assisted numerous clients with Child adoption in Malaysia. Use the following link to:
Guide to Child Adoption in Malaysia
Child Adoption is a noble practice in our society that is both beautiful and heart warming. The sight of the happy and hopeful adoptive parent and child during an Adoption Hearing always reminds us of the sacred bond of love.
Adopting a child may take some time but it will all be worthwhile once the child is lawfully yours. As such, we hope this article will help you get a clearer picture on the process of adopting a child in Malaysia.
How to start Child Adoption in Malaysia?
Generally, the Law of Malaysia provides two ways of adopting children.
- By way of the Adoption Act 1952; and
- Registration of Adoption adopted from Registration of Adoptions Act 1952.
According to the law, the main difference between these two Acts is that the former is only applicable to Non-Muslims and the latter caters for both Muslims and Non-Muslims.
For the purpose of this article, we will explain the Adoption process under Adoption Act 1952 for Non-Muslim Couple only.
What are the Steps involved for Child Adoption in Malaysia?
(1) Application documents will be prepared and filed to Court. Do not fret as these application documents are usually drafted and prepared by a qualified lawyer as it will be filed to Court. The following are documents and information that is required to prepare the Application:-
a) a copy of the adoptive parent’s Mykad;
b) a copy of the adoptive parent’s marriage certificate; and
c) a copy of the adoptive child’s birth certificate
(2) Thereafter, a Hearing Date will be fixed by the Court for the first Hearing to appoint the guardian ad litem. This is also when the judge will order the appointed Welfare Officer from Jabatan Kebajikan Masyarakat (JKM) to prepare a report on the adoptive parents.
(3) From hereon, the Welfare Officer will communicate and deal with the adoptive parents to prepare the report. The report will consist of the JKM’s verdict on whether the adoptive parents are equipped to raise the child. Be sure to browse through JKM’s guide on SOALAN LAZIM PENGANGKATAN & TATACARA PERMOHONAN ANAK PELIHARA so as to make sure you are prepared to cooperate with them to produce a commendable report.
(4) Finally, after three months from the first Hearing, a second Hearing date for the application. If all application papers & supporting documents are in order and there are no objections from any party the court will grant an Adoption Order.
It is MANDATORY for the adoptive parents and the adoptive child to be present at the Court for both hearings.
What is the effect of an Adoption Order?
Section 9 of the Adoption Act 1952 stipulates that, once an Adoption Order is granted – all rights, duties, obligations and liabilities of the adopted child shall vest in the adopter as though the adopted child was a child born to the adopter in lawful wedlock.
IN A NUTSHELL, THE CHILD IS ADOPTED BY YOU, LAWFULLY! Hooraay!!!
We have assisted numerous clients with the adoption process. Use the following link to:
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