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Advocate & Solicitor of the High Court of Malaya 

    Adoption by Court Order in Malaysia - Strict But Not Difficult To Do

    Writer's picture: Sreedhara NaiduSreedhara Naidu

    Adoption by Court Order is a legal process by which individuals or couples become the legal parents of a child who is not their biological offspring. Adoption laws and procedures vary from country to country, and in Malaysia, adoption is governed by the Adoption Act 1952.


    The Adoption Act 1952 sets out the requirements for adopting a child in Malaysia. Prospective adoptive parents must be at least 25 years old, and there must be a significant age difference between the adoptive parents and the child. The child must also be under 21 at the time of the adoption. In addition, the adoptive parents must be Malaysian citizens or permanent residents and must have resided in Malaysia for at least two years before the adoption.


    The adoption process in Malaysia is generally carried out through the Department of Social Welfare, which is responsible for assessing the suitability of prospective adoptive parents and matching them with children available for adoption. Prospective adoptive parents must undergo a series of interviews and assessments to determine their fitness to be adoptive parents. The assessment process typically includes background checks, home visits, and psychological evaluations.


    Once a match has been made between a child and prospective adoptive parents, the adoption process can begin. The adoptive parents must then file an application for adoption with the court, which will review the application and determine whether the adoption is in the child's best interests.

    If the court approves the adoption, the adoptive parents will be granted legal custody of the child. The child's birth certificate will be amended to reflect the adoptive parents as the child's legal parents.


    It is important to note that in Malaysia, adoption is not an automatic right, and the process can be lengthy and complicated. In addition, strict regulations govern the advertising of children for adoption, and the buying or selling of children is strictly prohibited.


    In conclusion, adoption is a complex legal process in Malaysia governed by the Adoption Act of 1952. Prospective adoptive parents must meet specific criteria and undergo a rigorous assessment before being matched with a child for adoption. While the adoption process can be challenging, it can also be a fulfilling way to expand a family and provide a loving home to a needy child.

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