The process of adopting a child in Malaysia can be long, complex, and emotional. The legal procedures and various obstacles can often feel overwhelming. Although many sources outline the steps for adoption, they may not be comprehensive or straightforward enough. This guide aims to simplify the adoption process into an easy-to-follow, step-by-step format.

Step 1: Understand Your Reasons for Adopting

Before starting the adoption process, it is crucial to be clear about your motivations. Adoption is a lifelong commitment. Reflect honestly on any specific needs and limitations you may have. OrphanCare suggests asking the following questions:

Step 2: Decide on the Type of Adoption

Children available for adoption vary in age and background. While many may prefer adopting infants (0-2 years old), older children (2-18 years old) and those with special needs are often most in need of families. OrphanCare encourages Malaysians to consider adopting older children, siblings, or children with special needs, as these children can thrive in a loving family environment.

Step 3: Choose the Right Adoption Process

According to the MyGovernment website, there are two primary legislative schemes for adopting a child in Peninsular Malaysia (with separate processes in Sabah and Sarawak):

1. *Registration Through Court Order (Adoption Act 1952, Act 257)*: Applicable only to non-Muslims.

2. *De Facto Registration (Adoption Registration Act 1952, Act 253)*: Applicable to both Muslims and non-Muslims.

Registration Through Court Order (Adoption Act 1952, Act 257)

Non-Muslims must apply through a law firm or the Legal Aid Department. Applications are submitted to the National Registration Department (NRD) headquarters in Putrajaya, and the adoption order is made in either the High Court or Sessions Court. This process takes approximately six to nine months. Under this Act, the adopted child is legally considered born to the adoptive parents in lawful wedlock.


De Facto Registration (Adoption Registration Act 1952, Act 253)

This process is under the NRD’s jurisdiction and applies to children who have been in the custody of adoptive parents for at least two years. Applications can be made at the NRD office near the adoptive parents’ residence. This Act is suitable for Muslims as it respects the requirement to maintain the child’s original identity and inheritance rights.


Step 4: Understand the Requirements and Eligibility

Each process has specific requirements as per JPN :

De Facto Registration


Whilst the set of requirements for applicants include:


In terms of documentation the process requires:

Court Order Adoption

Step 5: Follow the Procedure - De Facto Registration

Applications are processed through interviews with the Registrar, involving foster parents, children, and biological parents or guardians (with exceptions). The fee upon approval is RM30.


Registration Through Court Order

The process begins with filing an adoption petition at the High Court or Sessions Court, supported by an affidavit from the adoptive parents. The court appoints guardian ad litem to investigate the child’s welfare. Following a positive welfare report, the court finalizes the adoption, and the NRD issues a new birth certificate reflecting the adoptive parents as the child’s legal parents.

Once all steps are completed, the child will be legally yours. For more information, consult the MyGovernment and NRD websites, or refer to guides published by law firms. While the process may be tedious, numerous resources and agencies are available to help. Remember, the effort is worth it for the life you will be transforming.

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Source / Image Credit : mygov, jpn.gov, OrphanCare, Motherhood