Adoption
(Part 2)

Lisa* and Michael* have adopted Jon* for almost two years. Now that Jon is seven years old, they want to register him for primary school. However, they do not have the documentation to show that they have guardianship rights over him. To do so, they need to formally register their adoption of Jon. How do they go about it?

In the last WAO Know Your Rights article, the application process for adoption was discussed. This instalment is a continuation of that article, and will describe the formal registration of the 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.

Registration of the adoption provides the adoptive parents with guardianship rights, which can be used to fulfill documentation requirements of school registration, tax exemption, application for passport or identity card for the child and so on.

There are two ways to register the adoption; one is through registration at the Registration Department (Jabatan Pendaftaran) and the other is through the Court.

The first method is governed by the Registration of Adoptions Act 1952 (Act 253)(Revised 1981), which provides that:

• The adoptive parents must be legally married.
• The adoptive parents must be at least 25 years old and are at least 18 years older than the child;
• The intended child must be below 18 years of age.
• The child has been under the care of the adoptive parents for a continuous period of not less than two years.
• The adoptive parents and child must be residing in Malaysia.
• The adoptive parents have a written letter of consent from the biological parents, which has been validated by the Magistrate or a Commissioner of Oaths; unless the Registrar allows for an exception.
• If any party has given or received any forms of payment or gifts as a result of the adoption, this must be acknowledged during the registration.

Both Muslims and people of other faiths can register the adoption under this Act.

It is important to note that for Muslim families, the adopted child does not have the same inheritance rights as the biological child(ren) of the adoptive parents. At the same time, the adopted child does not lose her/his inheritance rights from her/his biological parents by virtue of the adoption. Also, parents of another faith cannot adopt a Muslim child.

To apply for Registration, go to the Registration Department (Jabatan Pendaftaran Negara) nearest to where the adopted child's biological parent's stay and:

• Fill in the JPN.AA01 form. If the application is successful, it costs RM30.00.
• Bring in supporting documentation such as:
  • The child's Birth Certificate;
  • The written letter of consent from the biological parents;
  • Your marriage certificate.

Once the registration is successful, you can apply for a Certificate of Adoption from the Registration Department by filling in Form JPN.AA02. The fees cost RM5.00.

After receiving your application, the Registrar can:

• Appoint the date of Registration; and
• Order the adoptive parents and/or adopted child to be present during the decision-making process;
• Consider and approve the Registration; OR
• Postpone the decision and request for a report from the Welfare Officer who has been monitoring your adoption; and
• Set another date for the decision and reconsider the application for registration.

The second method of registering the adoption through the Court is governed by the Adoption Act 1952. It is important to note that Muslim families cannot opt for registering their adoption through this way.

The adoptive parents (who are not Muslims) can petition for adoption in the Sessions or High Court after three months of caring for the child (without having to wait for two years). To do so, you will have to appoint a lawyer. If you cannot afford a lawyer, you can contact either the Legal Aid Bureau or the Legal Aid Centre. You can get the numbers of your nearest Legal Aid Bureau or Centre from the Telekoms Directory Service by dialling 103. If the Court is satisfied with your application, the Judge will issue an Order which will be recorded by the Registration Department in the Adoption Registrar. Afterwhich, you can apply for a Certificate of Adoption from the Registration Department.

For more information, contact your nearest Welfare Office, call the Protection Unit of the Welfare Department at 03-26925011, 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 1)