Registration for Adoption
For married couples, having children is one of the means to expand their family. However, for couples who do not have children of their own, they can still raise children through adoption. What is adoption? Adoption is the process by which the rights and responsibilities of biological parents towards a child are legally transferred to adoptive parents. Types of Adoption in Malaysia De Facto Adoption (Adoption Registration Act 1952) Act 253 Applicable to residents in Peninsular Malaysia, including Muslims and non-Muslims Child custody period 2 years and above Does not require a court order A certificate of adoption will be issued to the adoptive parents This adoption can be cancelled through the Attorney General's Chambers Adoption through Court (Adoption Act 1952) Act 257 Applicable to non-Muslims only Adoption orders issued by the Section Court, High Court and Court of Appeal After the adoption order is issued, the birth certificate under the Births and Deaths Act (Act 299) will be replaced with a new birth certificate
Before starting the adoption process, the couple or individual must care for the child they wish to adopt for at least 2 years through foster care under the Social Welfare Department (JKM). Foster Child If you want to adopt a child through JKM, you can apply to get a foster child first with the following conditions: After this foster child has been cared for for 2 years, you can begin the adoption procedure.
There are two types of adoption procedures, namely de facto adoption through the NRD and adoption through a court order. For the states of Sabah and Sarawak, the adoption process is through a court order only. Appointment Procedure De Facto Appointment via JPN: Adoptive parents can apply at the National Registration Department (NRD) where the family resides Once approved, the adoption will be registered and an adoption certificate will be issued Appointment through the court: Peninsular Malaysia: Applicants must apply through a Law Firm appointed by the adoptive parents or the Legal Aid Department. Applications must be sent to the JPNM Headquarters, Putrajaya. The Adoption Order will be made at the High Court or Sessions Court or Court of Appeal. Sabah: In Sabah, there are three categories of adoption applications, namely: Native Court for Sabah natives only High Court for non-citizens and non-natives Syariah High Court for Muslims Applicants must attend any JPN branch in Sabah to register the adoption. Sarawak: Adoption applications in the state of Sarawak are made based on the Adoption Ordinance 1958 (Sarawak CAP.91) and the Adoption Ordinance (Amendment) 2002 (Chapter A100) . They are fully governed by the State government through the District Office. Applicants must submit an official letter of appointment from a law firm for application at any NRD branch in Sarawak.
