The Adoption Process in Malaysia

The adoption process in Malaysia may take a while—from 3 to 4 months, to as long as two years. The final destination to this particular journey, however, is what makes it worthwhile. Adopting a child is always a full-filling, wholesome experience for both the child and the adoptive parents. And especially to a family ready for a lifetime commitment to love and affection. Is Adoption for You? Image credit: Canva Before all else, you ought to first consider that adopting a child is not a light matter. It's a happy compromise most definitely, but it still comes with a list of personal requirements before adoption. Remember, these children are most likely no strangers to the trauma of tragedy, loss, abandonment, and possibly unimaginable pain. Especially for older children, they may already have formed fixed mindsets from rough years growing up under broken roofs, moving from shelter to shelter or one orphanage to another. You must be ready to provide the emotional and financial support the child needs. These children might be bearing scars from their pasts. Which makes them all the move deserving and in need for a family not just loving, but will persevere no matter how tough things may get. No loving parent would abandon their child under any circumstance, and an adoptive child is no different. First and foremost, therefore, ask yourselves: Why do you want to adopt? Do you have ample resources to cater to the child’s needs? Can you prioritise the child? Can you provide them with emotional and financial security? Needless to say, adopting a child of any age group or disability requires your most sincere love and affection. If you already have that, then you are already more than eligible if not deserving! The Adoption Process in Malaysia The first thing you should know about the process is it differs between Peninsular Malaysia and East Malaysia. Even so, Sabah and Sarawak follow through with slightly different procedures. Image credit: Motherhood Story, Source: National Registration Department Official Website According to the National Registration Department (NRD), there are two legal regimes governing the adoption of children in the Peninsular of Malaysia: The Adoption Act 1952 (Adoption Act), applicable only to non-Muslims. The Registration of Adoption Act 1952 (ROAA), applicable to both Muslims and non-Muslims. The Adoption Act 1952 (Adoption Act) The Adoption Act requires a formal application to the court to approve the adoption with consent from the child's birth parents. It must be applied through a Law Firm appointed either by the adoptive parent or the Legal Aid Department. The application must also be sent to the NRD Headquarters in Putrajaya only. The applicants will have to be at least 25 years of age and at least 21 years older than the child unless the court finds their circumstances satisfactory. The consent or court approval may also be granted under certain conditions, such as: When the parent or guardian has abandoned or neglected the child. The parent or guardian of the child persistently treated the child ill. The parent or guardian is incapable of providing their consent. Once approval is granted, the application for adoption is then sent to the National Registration Department to be registered into the Registrar of Adoption. Image credit: Motherhood Story The Registration of Adoption Act 1952 (ROAA) On the other hand, the ROAA enables Muslim parents to proceed with their adoption with the Islamic law taken into account. This means a requirement for the child's original identity along with their birth parents' to disclose to them at the appropriate age. Additionally, this ensures the child is able to avoid unknowingly being involved in a relationship with someone who would otherwise turn out to be their kin. Similar to the Adoption Act, applicants must be at least 25 years of age and at least 21 years older than the child unless the court finds their circumstances satisfactory. Image credit: Motherhood Story, Source: Chia, Lee & Associates. De Facto Adoption Conditions for Children and Adoptive Parents Under Section 6 (1) of Act 253, conditions for both the child and adoptive parents are as the following: Child Eligibility: Never married. Below the age of 18 and residing in Peninsular Malaysia. Been in custody, raised, borne and educated by a person or spouses together, for not less than two consecutive years before the registration of adoption. Children are either citizens or non-citizens. Children have their Identification Documents (Birth Certificate / Identity Card / Passport / Entry Permit for foreigners / and visa must be two years in length). Applicant Eligibility: One of the adoptive parents (husband/wife), single adoptive mother or father is a citizen or permanent resident. Adoptive parents aged above 25 years old and at least 18 years older than the child. Married couple with legal marriage document. In the absence of consent, the adoption can still proceed through a court order or social report from the Department of Social Welfare. Application submission to the NRD within the adoptive parents' residential district. Why You Should Consider Adopting a Child One of the most important lessons when it comes to the notion of family is that it comes in many forms and there is more than one way to build one. Some people find equal solace and contentment from living unapologetically single lives to the end. While others, may have trouble conceiving naturally and turn to alternative treatments. Adopting a child is one of the many alternatives to pursue your calling to raise a child. Most importantly, it is one that is rewarding in a way like no other. The case of orphans in Malaysia is one that deserves serious attention. The reality is, in most cases, children under institutionalised care often experience more harm than good. These children often experience cognitive delays, malnourishment and emotional disorders stemming from a lack of personal support. Image credit: Motherhood Story In other words, having been deprived from the support of a family will have left behind long-lasting impacts on these children. Adoption will undoubtedly be a rewarding experience, most especially as you witness the love you have for them flourish into unwavering mutual trust and unconditional love. Not to mention, you will also be saving these precious beings from potentially harmful environments, helping them grow into successful, happy and complete adults. If you are considering to adopt a child, consult a local family law firm of your choice. You can also visit the official website of the National Registration Department here, for more detailed information on the adoption processes in Malaysia. 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