Adoption
(Part 1)

Angie* and Moses* have been married for six years. Angie is 39 years old while Moses is 40. Although they have been trying to have a child together for several years, they have not been able to conceive, so they decided to opt for adoption. What are the procedures to apply for legal adoption?

The laws relating to adoption are mainly the Adoption Act 1952 (Act 257)(Revised 1981), which provides for the adoption of children and the Registration of Adoptions Act 1952 (Act 253)(Revised 1981), which provides for the registration of adoptions.

There are two methods of applying for an adoption:

Your own application:

• Where you already have a child in mind, and the child is already under your care.
• You must have a written letter from the biological parents of the child giving you permission to adopt him/her, and the letter must be verified by a Magistrate or a Commissioner of Oaths.
• You have notified to your District Welfare Officer within one week about the adoption in accordance to Section 30 of the Child Protection Act 1991, where the Welfare Officer has powers to investigate into your suitability in adopting the child. If s/he finds that the adoption is not the child's best interest, s/he may order for the child to be returned to the original guardians. Note that it is an offence not to notify the District Welfare Officer, and if conviction, you may be liable to a maximum fine of RM10,000.00 or to a maximum imprisonment of five years or both.

Application through the Welfare Department of Malaysia:

• Where you do not have a child in mind, as in the case of Angie and Moses, and through the Welfare Department's procedure, be offered an adopted child from any of the children's homes under the Department's jurisdiction.
• You must first make an application at your nearest Welfare Office. There, you must fill in an application form (which is available with no charge) and return it to the District Welfare Office together with these documents:
  • Medical report(s) to show why you and your husband are unable to bear children.
  • Copy of your Identity Cards (IC)
  • Copy of your Marriage Certificate or Engagement Certificate (Sijil Nikah)
  • Name and contact details of two character referees will be advisable to substantiate your suitability to adopt a child.
  • Salary slips or Copy of Insurance Cover Notes or any other documents as deemed fit by the Officer to show that you have the financial capacity to support the child.
• The Welfare Officer will then set an appointment for an interview to gauge your suitability and explain about the adoption procedures, including:
  • Assessing your background;
  • Assessing your willingness to become adoptive parents, and the reasons for it;
  • Explaining the duties, responsibilities and implications of being adoptive parents;
  • Assessing your willingness to comply with the conditions stipulated under the related Acts of law (above);
  • Explaining about the background of the children under the care of the Welfare Department;
• From the information gathered at the interview, the Officer will compile your Social Report as an applicant.
• The assessment of your character is vital in determining your suitability as an applicant. Some Officers may even inquire about your disposition from those within your community - in addition to the two referees you supplied - in order to get a more comprehensive assessment. This is because the welfare, happiness and best interest of the child is of utmost importance in this matter.
• You can choose the age and sex of the child that you wish to adopt, but not the physical appearance. Note however that it is extremely difficult to adopt a child of a few months old because of the time involved in the application procedure, which is usually around 18 months to 2 years. If you move during this time, you should notify the Welfare Officer of your new address.
• The Social Report will then be sent to the Welfare State Director for support, and if gained, it will be sent to the Welfare Department Headquarters for approval. Once approved, you will be notified via letter that you are on the "Waiting List". The "Waiting List" currently stands at 1½ years.
• When it is your turn and there is a suitable child, you will be sent an offer letter to collect him or her from the Children's Home.
• An Officer will be appointed to oversee the welfare of the child under your care, and s/he will make regular visits (once every three months) to ensure that the child's best interest is being cared for. These visits will continue until the completion of the adoption registration or validation process under the Adoption Act 1952 or the Registration of Adoption Act 1952, which is normally 2 years.

For more information, contact your nearest Welfare Office or visit their website.

*Name and particulars changed to protect WAO's client's confidentiality.

Prepared by Jaclyn Kee
Women's Aid Organisation - 20 Years of Service to Women and Children

Fortnightly Column by WAO on Sunday Mail (Reprinted with permission from Sunday Mail)

Related Article:

• Adoption (Part 2)