Adoption of Children
What are the legal frameworks governing child adoption in Malaysia?
In Malaysia, child adoption is governed by two primary legal frameworks:
The Adoption Act 1952: The Adoption Act is applicable to non-Muslims in Peninsular Malaysia only. This act outlines the procedures and requirements for legal adoption by way of a court order.
Who is eligible to adopt a child in Malaysia?
Under the Adoption Act 1952, the following criteria must be met for non-Muslim adoptions:
- The adopter(s) must be at least 25 years old and at least 21 years older than the child, unless the court is satisfied that there are special circumstances for the making of an order; or if the adopter is a relative of the child, at least 21 years old.
- Married couples must apply jointly, except in special circumstances.
- Single individuals can adopt, but must fulfill age and other relevant criteria.
What is the procedure for adopting a child in Malaysia?
The general steps for adopting a child under the Adoption Act 1952 are:
- Application: The prospective adoptive parents file an application at the Sessions Court or High Court.
- Social Welfare Department Assessment: The court will direct the Social Welfare Department to conduct a thorough assessment of the adoptive parents and the child’s circumstances.
- Interim Order: An interim order may be granted, placing the child with the adoptive parents for a probationary period.
- Final Adoption Order: After the probationary period and a favorable report from the Social Welfare Department, the court may grant a final adoption order, making the adoption legally binding.
What rights and responsibilities do adoptive parents have?
Once an adoption order is granted, adoptive parents have the same legal rights and responsibilities as biological parents. This includes the responsibility to provide for the child’s welfare, education, and upbringing. The adopted child has the right to inherit from the adoptive parents and is legally considered their child for all intents and purposes.
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