Adoption process in Malaysia
In Malaysia, adoption is regulated by two key laws in Peninsular Malaysia[1]: the Adoption Act 1952 and the Registration of Adoptions Act 1952. While both provide pathways for adoption, they serve different purposes. The Registration of Adoptions Act applies to both Muslims and non-Muslims and allows individuals or married couples who have cared for a child as their own for at least two years to officially register the adoption.[2]
However, the Act[3] only provides administrative recognition and does not change the legal status of the child. It merely records the de facto adoption, indirectly recognizing the adoptive parents’ right to custody and their continuing duty to maintain and educate the child. [4] Therefore, in this article, we will focus solely on the Adoption Act 1952, which applies only to non-Muslims[5] and governs legal adoption by transferring all rights and responsibilities from the biological parents to the adoptive parents, as if the child were their own biological child.[6]
Who can apply for an Adoption Order?
An adoption order can only be made if the applicant, or in the case of a joint application, one of the applicants is:
(a) at least 25 years old and 21 years older than the child (unless special circumstances apply),
(b) at least 21 years old and a relative of the child, or
(c) the child’s biological parent.[7]
Who can be adopted?
One of the key requirements for an adoption application is the child’s Birth Certificate. If the child does not have one, a Late Registration of Birth application must be made first. [8] To be eligible for adoption, the child must be unmarried and below 21 years old, which also includes a divorced female below that age.[9] Subsequently, the child must have been living with the applicant for at least three months before the adoption order, and the applicant must have notified the State Social Welfare Department in writing of their intention to adopt at least three months in advance.[10] A sole male applicant may not adopt a female child unless there are special circumstances.[11] In addition, both the adopter and the child must be ordinarily residing in Peninsular Malaysia.[12]
The requirement of consent
An adoption order cannot be made without the consent of the child’s biological parents, guardians, or anyone responsible for supporting the child. If the applicant is married, the spouse’s consent is also required. However, the Court may waive consent if a parent has abandoned or neglected the child, cannot be found, unreasonably withholds consent, or if the spouses are permanently separated.[13]
Adoption process
- Application
Applicants who wish to adopt through a court order must apply via a law firm appointed by the adoptive parents or through the Legal Aid Department. The application must be submitted only to the National Registration Department (NRD) in Putrajaya and the list of required documents can be found on the JPN official website.[14]
- Court process
Adoption orders can be made by the High Court, or at the applicant’s choice, by the Sessions Court.[15] All proceedings are conducted in private, and the Registrar ensures that documents remain confidential.[16] If the applicant is dissatisfied with the Court’s decision, an appeal may be made to the Federal Court.[17]
- Home study & investigation
Once an application is filed, the Court appoints a guardian ad litem[18] (usually a Social Welfare Officer from Jabatan Kebajikan Masyarakat) to conduct a thorough investigation, including a home visit, and prepares a report on the applicant’s suitability. This includes assessing whether the applicant has the means and ability to care for the child and considering any rights or property interests the child may have.[19]
- Court hearing
Once a guardian ad litem has been appointed, the Court will set a date for the hearing of the adoption application. [20] Before granting the order, the Court must be satisfied that all consents have been given, that everyone understands adoption will permanently end the biological parents’ rights, and that the adoption is in the child’s best interests. [21] The Court may also set conditions, such as requiring the adopter to provide financial support through a bond or other arrangement. [22]
The effect of adoption
- Issuance of a new birth certificate
Once the adoption order is granted, and the original birth certificate is surrendered along with payment of the required fee, the Registrar General will issue a new Birth Certificate showing the adoptive parents as the child’s parents. [23]
- Inheritance rights
If the adoptive parents pass away without leaving a will, the adopted child has the same inheritance rights as a biological child. Likewise, the adoptive parents can also inherit from the adopted child.
- Citizenship
In Pendaftar Besar Kelahiran dan Kematian, Malaysia v Pang Wee See & Anor[24] , the Court of Appeal held that an adoption order under the Adoption Act 1952 does not grant Malaysian citizenship to an adopted child, even if the adoptive parents are Malaysian citizens or permanent residents. Under Article 14(1)(b) read with section 1(a), Part II, Second Schedule of the Federal Constitution, citizenship by operation of law requires that the child be born in Malaysia and that at least one biological parent was a Malaysian citizen or permanent resident at the time of birth.
In simpler terms, although Section 9[25] states that an adopted child is to be treated “as if born in lawful wedlock” to the adoptive parents, the adoptive parents do not retroactively become the child’s biological parents. Accordingly, for matters that depend on biological fact, such as citizenship at birth, adoption cannot rewrite history.
Disclaimer: This article is for informative and educative purposes only and shall not be relied upon to constitute legal or professional advice. Ng Law Firm shall not hold any form of liability wheresoever and in whatsoever circumstances including but not limited to due to the amendment of legal provisions in the event any person uses the article’s information. Should you need any help and legal advice, you may reach out to Ng Law Firm at +601154304970 or +6046024970. You may also email your enquiry to penang@nglaw.com.my.
[1] Section 1(2) of the Adoption Act 1952 (Act 257), Section 1(2) of the Registration of Adoptions Act 1952 (Act 253).
[2] National Registration Department, ‘Application for Adoption Registration (De Facto) in Peninsular Malaysia’ < Portal JPN – Application for Adoption Registration (De Facto) In Peninsular Malaysia> accessed 2 September 2025.
[3] Registration of Adoptions Act 1952 (Act 253).
[4] Sean O’ Casey Patterson v Chan Hoong Poh & Ors [2011] 4 MLJ 137
[5] Section 31 of the Adoption Act 1952 (Act 257).
[6] Section 9(1) of the Adoption Act 1952 (Act 257).
[7] Section 4(1) of the Adoption Act 1952 (Act 257).
[8] National Registration Department, ‘Anak Angkat’ <Portal JPN – Anak Angkat> accessed 2 September 2025.
[9] Section 2 of the Adoption Act 1952 (Act 257).
[10] Section 4(4) of the Adoption Act 1952 (Act 257).
[11] Section 4(2) of the Adoption Act 1952 (Act 257).
[12] Section 4(3) of the Adoption Act 1952 (Act 257).
[13] Section 5(1) of the Adoption Act 1952 (Act 257).
[14] National Registration Department, ‘Application for Adoption Through Court Order In Peninsular Malaysia’ <Portal JPN – Permohonan Pengangkatan Melalui Perintah Mahkamah Di Semenanjung Malaysia (2)> accessed 3 September 2025.
[15] Section 10(1) of the Adoption Act 1952 (Act 257).
[16] Section 10(2) of the Adoption Act 1952 (Act 257).
[17] Section 10(5) of the Adoption Act 1952 (Act 257).
[18] Section 12(1) of the Adoption Act 1952 (Act 257).
[19] Section 13(1) of the Adoption Act 1952 (Act 257).
[20] Section 12(3) of the Adoption Act 1952 (Act 257).
[21] Section 6 of the Adoption Act 1952 (Act 257).
[22] Section 7 of the Adoption Act 1952 (Act 257).
[23] Section 25A(2) of the Adoption Act 1952 (Act 257).
[24] (applying on their behalf and as litigation representatives for Pang Cheng Chuen, a child) [2017] 3 MLJ 308.
[25] Section 9 of the Adoption Act 1952 (Act 257).
