Adoptions are not common in Malaysia. In general there are two types of adoptions in Malaysia - adoption of a Muslim child and adoption of a non-Muslim child. Prospective adoptive parent(s) who are non-Muslim may not adopt Muslim children. Whether it is a Muslim adoption or non-Muslim adoption, the adoptive parent(s) must be an “ordinary resident” in Malaysia, i.e. working and living in Malaysia for at least two years before the application and the prospective parent(s) may also be required to remain in Malaysia during the process, which can take some time.
Muslim Adoptions
The Registration of Adoptions Act 1952 and relevant Syariah laws govern the adoption of a Muslim child in Malaysia. A prospective child may be identified for adoption privately or through the Social Welfare Department. A court petition is not required. The Muslim prospective adoptive parent applies to the National Registration Department to document the child as his/her adopted child. To qualify, the adoptive parent must have resided with and had continuous custody of the child for a period of not less than two years. The application should include evidence relating to the care, maintenance and education of the child during the two years from the date of the biological parent’s statutory declaration relinquishing all parental rights.
If the National Registration Department is satisfied with the evidence submitted, an entry will be made in the Register and a certified copy of the entry delivered to the adoptive parents. If the Registration Department is not satisfied with the evidence, an officer from the Social Welfare Department will conduct an investigation into the well being of the child. Children adopted under the Registration Adoptions Act cannot assume the name or inherit property of the adoptive parents.
Non-Muslim Adoptions
Relevant Adoption Act
The adoption of a non-Muslim child in Peninsular Malaysia is governed by the Adoption Act of 1952 (Act 257).
Who can adopt a Non-Muslim child?
- Married couples can adopt both female and male children;
- Single mothers can adopt both female and male children;
- Single fathers can only adopt male children.
Age Requirement
If the prospective adoptive parents in a Non-Muslim adoption are not related to the child, at least one of them must be at least 25 years old. If they are related to the child, one of the prospective adoptive parents must be at least 21 years old.
Adoption Agencies
There are no adoption agencies in Malaysia. A prospective child may be identified privately through friends or relatives in Malaysia, or through the Malaysian Social Welfare Department. Prospective adoptive parent(s) may also contact the Malaysian Social Welfare Department for details of non-governmental organisations (NGOs) that may be able to help in adoption matters in Malaysia.
Government Department responsible for Adoptions
The Family and Children’s Division of the Social Welfare Department, part of the Ministry of National Unity and Social Welfare Development, is responsible for adoption enquiries: They can be contacted at:
Family & Children’s Division
Social Welfare Department
Ministry of National Unity & Social Welfare Development
14th Floor, Wisma Shen
50100 Kuala Lumpur
Malaysia
Main Tel: (603) 2692 5011
E-mail: here
or contact: Mr Mohammad Azmi, Tel: (603) 2692 3537
Social Welfare Officers are normally appointed by the Court as a guardian to investigate the background and circumstances of the child and the adoptive parents(s), including all matters relevant to the proposed adoption.
The National Registration Department of Malaysia is responsible for issuing an adoption certificate upon receiving the adoption order from the Court. Their address is:
National Registration Department of Malaysia
Adoption Division
Wisma Pendaftaran
Jalan Persiaran Barat
46551 Petaling Jaya
Selangor
Malaysia
Tel: (603) 7968 3200 or 3284
Fax: (603) 7958 5098
Court Adoption and Departmental Adoption
Court Adoption
Once a child has been identified, the prospective adoptive parent(s) must obtain a statutory declaration from the biological parent(s) relinquishing all parental rights toward the child. The prospective parent should engage a lawyer (see our List of Local Lawyers here). The prospective parents must care for the adoptive child not less than three (3) consecutive months before his/her lawyer is able to petition to the Sessions Court or the High Court for the adoption order. The Social Welfare Department would be involved as a report on the child and prospective adoptive parents will be required by the Court before they are able to grant an adoption order. This process is shorter than a Department Adoption (see below).
The age limit for the adoptive child in a Curt adoption is before the child’s 21st birthday.
Departmental Adoption
Once a child has been identified, the prospective adoptive parent(s) must obtain a statutory declaration from the biological parent(s) relinquishing all parental rights toward the child. The prospective adoptive parent notifies the Social Welfare Department in the State in which he/she is resident of his/her intention to apply for an adoption order of the child. If the Social Welfare Department agrees with the adoption, an “offer” letter is issued to the prospective adoptive parents. This notification must be in writing. No lawyers are involved in Departmental Adoptions. Prospective parent(s) should contact the Registration Department to enquire on the status of the application. The case will come to conclusion once the Social Welfare Officer submits a full report on the child and prospective adoptive parents. The whole procedure may take two years or more.
The age limit for the adoptive child in a Departmental adoption is before the child’s 18th birthday.
Children adopted under the Registration of Adoptions Act cannot assume the name or inherit the property of the adoptive parents. Children adopted under this Act must surrender their original birth certificate with his/her biological parent(s)’ details to the Registration Department before an adoption certificate is issued.
Malaysian Documentary Requirements
The prospective adoptive parent(s) must present the following documents:
- a statutory declaration (notarised affidavit) from the biological parent(s) relinquishing all parental rights towards the child;
- adoptive child’s original birth certificate;
- prospective adoptive parents’ marriage certificate;
- prospective adoptive parents passport(s).
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