Adopting a Child in Malaysia: Check Out The Comprehensive Guide

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:

• Why do you want to adopt?
• Can you prioritize your child’s needs?
• Do you have space for the child in your home?
• Are you prepared to help the child overcome physical and emotional trauma?
• Can you provide financial security for the child?
• Do you have a support network for advice and assistance?

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

• Child must be unmarried, under 18, residing in Peninsular Malaysia, and have been in the custody of the adoptive parents for at least two years.
• Adoptive parents must include at least one Malaysian citizen or permanent resident, be aged 25 or above, and at least 18 years older than the child.
• Required documents include application forms, birth certificates, consent letters, identity cards, proof of residence, and others.

Whilst the set of requirements for applicants include:

• One of the adoptive parents (husband/wife) or adoptive mother (single) or adoptive father (single) must be a citizen or permanent resident,
• Adoptive parents or adoptive mother (single) or adoptive father (single) must be aged 25 and above and at least 18 years older than the child,
• If married must have a legal marriage document,
• Adoption with consent from the natural parents or the female single parent. In the absence of consent, the adoption can still proceed through a court order or social report from the Department of Social Welfare,
• Application must be submitted to the NRD at the district where the adoptive parents are resident.

In terms of documentation the process requires:

• Application form JPN.AA01 for registration of adoption,
• Birth Certificate or identification document of the child (original and copy),
• Statutory declaration or letter of consent for adoption (JPN.AA07) from the biological parents or single mother. If the mother is under 18 years of age, letter of consent must be signed either with mother or father or sibling of the mother above 18 years old,
• Statutory Declaration by adoptive parent,
• A copy of the identity card or passport of each of the biological parents stated in the child’s Birth Certificate,
• Identity cards or passports and visas of the adoptive parents (originals and copies),
• Marriage document of the adoptive parents (original and copy),
• Birth Certificates or identification documents of the children of the adoptive parents (if any),
• Full pictures of children in postcard size,
• Proof of residence of the applicant in the form of an electricity bill / water bill / telephone bill / assessment / certification,
• Death Certificates of the child’s biological parents if they have died,
• Copy of the applicant’s salary statement (if any),
• Form 13 (The applicant is required to obtain Form 12 from any nearby National Registration Department Office or from the Social Welfare Office in the residential area of ​​a foster parent before Form 13 is issued by the Social Welfare Office).

Court Order Adoption

• Requires the consent of the biological parents and proof that the child has been in the care of the applicants for at least three consecutive months.
• Necessary documents include the JPN.AA 04 form, court orders, identity cards, birth certificates, and payment of RM5.

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.

From viral videos to trending topics, we've got it all covered. Follow us on Instagram, Facebook, Tik Tok and WhatsApp Channel for the latest updates and breaking news!

To those who has an interesting tale to tell or know someone who deserves to have their story shared with the world, do drop us an email at [email protected]


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