1 -1. Short title and application.

(1) This Act may be cited as the Adoption Act 1952 .

(2) This Act shall apply to West Malaysia only.

2 -2. Interpretation.

In this Act, unless the context otherwise requires:

  "adopted child"   means a child who has been authorized by the Court to be adopted or re-adopted;

  "Adopted Children Register"   means the Adopted Children Register established under subsection 25(1) and includes related registers kept and maintained in computer, on microfilm or in any other form of electronic and retrievable device;

[Ins. Act A1098]

  "adopter"   means a person authorized by an adoption order to adopt a child;

  "applicant"   means a person who is proposing to adopt, or who has adopted a child, whether in pursuance of an adoption order or otherwise, and, in the case of an application by two spouses, includes either of them;

3 -3. Power to make adoption orders.

(1) Upon an application made in the prescribed manner by any person desirous of being authorized to adopt a child, the Court may, subject to this Act, make an adoption order, authorizing the applicant to adopt that child.

(2) Where an application for an adoption order is made by two spouses jointly, the Court may make the order authorizing the two spouses jointly to adopt, but save as aforesaid, no adoption order shall be made authorizing more than one person to adopt a child.

(3) An adoption order may be made authorizing the adoption of a child by the mother or father of the child, either alone or jointly with her or his spouse.

4 -4. Restrictions on making of adoption orders.

(1) An adoption order shall not be made unless the applicant or, in the case of a joint application, one of the applicants:

(a) has attained the age of twenty-five and is at least twenty-one years older than the child in respect of whom the application is made unless the Court is satisfied that there are special circumstances for the making of an order;

(b) has attained the age of twenty-one and is a relative of the child; or

(c) is the mother or father of the child.

[Am. Ord. 35/53]

(2) An adoption order shall not be made in any case where the sole applicant is a male and the child in respect of whom the application is made is a female unless the Court is satisfied that there are special circumstances which justify as an exceptional measure the making of an order.

(3) An adoption order shall not be made in favour of any applican

5 -5. Consents to Adoptions.

(1) Save as hereinafter provided in this section, an adoption order shall not be made except with the consent of every person or body of persons who is a parent or guardian of the child in respect of whom the application is made or who is liable to contribute to the support of the child and an adoption order shall not be made upon the application of one of two spouses without the consent of the other of them:

Provided that the Court may dispense with any consent required by this section if satisfied:

(a) in the case of a parent or guardian of the child, that he has abandoned, neglected or persistently ill-treated the child;

(b) in the case of a person liable as aforesaid to contribute to the support of the child, that he has persistently neglected or refused so to contribute;

(c) in any case, that the person whose consent if required cannot be found or is incapable of giving his co

6 -6. Matters with respect to which Court to be satisfied.

The Court before making an adoption order shall be satisfied:

(a) that every person whose consent is necessary under this Act, and whose consent is not dispensed with, has consented to and understands the nature and effect of the adoption order of which application is made, and in particular in the case of any parent understands that the effect of the adoption order will be permanently to deprive him or her of his or her parental rights;

(b) that the order if made will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child, having regard to the age and understanding of the child;

(c) that neither the applicant nor the parent or guardian has received or agreed to receive, and that no person has made or given, or agreed to make or give to the applicant or the parent or the guardian any payment or other reward in consideration of the adoptio

7 -7. Terms and conditions of order.

The Court in making an adoption order may impose such terms and conditions as the Court may think fit and in particular may require the adopter by bond or otherwise to make for the adopted child such provision, if any, as in the opinion of the Court is just and expedient.

8 -8. Provisions as to existing de facto adoptions.

Where at the date of the commencement of this Act any child is in the custody of, and is being brought up, maintained and educated by any person or by two spouses jointly as his, her or their own child under any de facto adoption, and has for a period of not less than two years before such commencement been in such custody, and has been so brought up, maintained and educated, the Court may, upon the application of such person or spouses and notwithstanding that the applicant is a male and the child a female, make an adoption order authorizing him, her or them to adopt the child without requiring the consent of any parent or guardian of the child to be obtained, upon being satisfied that in all the circumstances of the case it is just and equitable and for the welfare of the child that no such consent should be required and that an adoption order should be made.

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9 -9. Effect of adoption order.

(1) Upon an adoption order being made, all rights, duties, obligations and liabilities of the parent or parents, guardian or guardians of the adopted child, in relation to the future custody, maintenance and education of the adopted child, including all rights to appoint a guardian or to consent or give notice of dissent to marriage shall be extinguished, and all such rights, duties, obligations and liabilities shall vest in and be exercisable by and enforceable against the adopter as though the adopted child was a child born to the adopter in lawful wedlock:

Provided that, in any case where two spouses are the adopters, such spouses shall in respect of the matters aforesaid and for the purpose of the jurisdiction of any Court to make orders as to the custody and maintenance of and right of access to children stand to each other and to the adopted child in the same relation as they would have stood if they had been the lawful father and mother

10 -10. Jurisdiction.

(1) The Court having jurisdiction to make adoption orders under this Act shall be the High Court or at the option of the applicant any Sessions Court notwithstanding the provisions of the Subordinate Courts Act 1948 (Act 92) .

(2) All proceedings of the Court shall be held in camera and all documents filed in the Court shall be confidential and shall be so kept by the Registrar.

(3) If the President of a Sessions Court is of the opinion that in the circumstances of the case any application should be dealt with by the High Court, he may refuse to make an order and shall transfer such application to the High Court.

(4) The President of a Sessions Court may if he thinks fit submit any question of law, practice or procedure in connection with any application for the decision of a Judge of the High Court and if he does so he shall decide such question in conformity with such decision

[Added Ord. 35/5

11 -11. Procedure.

(1) An application for an adoption order shall be presented in duplicate to the Court on the prescribed form accompanied by any documents required by the said form to be appended.

(2) Any written consent required to be appended to the application shall be in the prescribed form but need not be in duplicate.

(3) Except in a case where the applicant has made a previous application to a Court, or the Court requires the attendance of the applicant, the attendance in person of the applicant shall not be necessary for the purpose of lodging the said application and documents.

12 -12. Appointment of guardian ad litem: persons to be respondents and service.

(1) Whenever an application for an adoption order is made to the Court, the Court shall appoint a guardian ad litem of the child in respect of whom the application is made, and upon such appointment the duplicate of the form mentioned in section 11 (1) shall be delivered to the guardian ad litem .

(2) The following persons or bodies shall be made respondents, namely, the child in respect of whom the application is made, the guardian ad litem of the child, every person who is a parent or guardian of the child or who is liable to contribute to the support of the child, and, where the applicant has a spouse who is not also an applicant, the spouse of the applicant:

Provided that no person whose consent has been dispensed with in accordance with section 5 shall be made a respondent.

(3) As soon as the guardian ad litem has been appointed, the Court shall fix a time for the hearing of the applicatio

13 -13. Duties of guardian ad litem.

(1) It shall be the duty of the guardian ad litem to investigate as fully as possible all the circumstances of the child and the applicant, and all other matters relevant to the proposed adoption, in order to safeguard the interests of the child before the Court, and, in particular, it shall be his duty to include in his investigation the following questions:

(a) whether the statements in the form of application required by section 11 (1) are true and complete, particularly as regards the date of birth and the identity of the child;

(b) whether any payment or other reward in consideration of the adoption has been received or agreed upon, and whether it is consistent with the welfare of the child;

(c) whether the means and status of the applicant are such as to enable him to maintain and bring up the child suitably, and what right to or interest in property the child has;

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14 -14. Attendance before the Court of parties: power to dispense.

(1) Subject to this section, an adoption order or an interim order shall not be made except after the personal attendance before the Court of the applicant and all the respondents, notwithstanding, in the case of any of the respondents, that written consent has been obtained.

(2) The Court may:

(a) in the case of the child, if satisfied by a report from the guardian ad litem that special circumstances exist which render it inexpedient or unnecessary that the child shall personally attend before the Court;

(b) in the case of any other respondent, if satisfied that the respondent cannot be found or is incapable of giving consent; or

(c) for any other reason which the Court may deem sufficient, dispense with the attendance of any respondent.

(3) In any case where the Court dispenses with the personal attendance of a respondent, the written consent of tha

15 -15. Power to examine parties separately.

Subject to this Act, the Court may direct that the applicant or any respondent shall attend and be heard and examined separately and apart from the other parties to the application:

Provided that no such direction shall be given unless the Court is satisfied that the giving of the direction is desirable in the interests of the child.

16 -16. Notice of adjourned hearing.

On any adjournment of the hearing the Court shall issue to and cause to be served upon any respondent who is not present and whose attendance has not been dispensed with a notice of the time and place to which the hearing is adjourned.

17 -17. Power to make interim orders.

(1) Upon any application for an adoption order, the Court may postpone the determination of the application and may make an interim order (which shall not be deemed to be an adoption order within the meaning of this Act) giving the custody of the child to the applicant for a period not less than six months and not exceeding two years by way of a probationary period upon such terms as regards provision for the maintenance and education and supervision of the welfare of the child and otherwise as the Court may think fit.

(2) An interim order may include such terms as regards the exercise of supervision by the guardian ad litem or otherwise as the Court may think fit and shall be served on the guardian ad litem and on the Director General of Social Welfare, unless he or any officer of the Social Welfare Department has been appointed guardian ad litem .

(3) All such consents as are required to an adoption order sha

18 -18. Adoption order in respect of child previously adopted.

(1) An adoption order or an interim order may be made in respect of a child who has already been the subject of an adoption order under this Act.

(2) In relation to an application for an adoption order in respect of a child who has previously been adopted, the adopter or adopters under the previous or last previous adoption order shall be deemed to be the parent or parents of the child for all the purposes of this Act.

19 -19. Procedure for determination of application.

Where the determination of an application has been postponed and an interim order has been made, the applicant shall at least two months before the expiration of the interim order, apply to the Court to proceed with the determination of the application, and the Court shall fix a time for the further hearing of the application and shall issue a notice in the prescribed form addressed to the respondents and shall cause the same to be served upon them:

Provided that where the child is in the actual custody of the applicant, the notice need not be served on the child.

20 -20. Power to remove child from unsatisfactory environment.

If the Court refuses to grant either an interim order or an adoption order on the grounds that the adoptive home is unsuitable, the Court may, if it considers it to be in the interests of the child so to do, make an immediate order committing the child to the care of the Director General of Social Welfare.

21 -21. Costs.

On the making of an interim order or on the determination of the application, the Court may make such order as to costs as it may think just, and in particular may order the applicant to pay the out-of-pocket expenses incurred by the guardian ad litem or incurred in attending the Court by any other of the respondents, or such part thereof as the Court thinks proper.

22 -22. Appeal.

An appeal shall lie to the Federal Court or to the High Court from any refusal of the High Court or a Sessions Court, as the case may be, to make an interim order or an adoption order.

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23 -23. Preparation of interim and adoption orders.

(1) An interim order and an adoption order shall be in the prescribed forms.

(2) No copy of any such order shall be given to or served upon any person other than the applicant, the Director General of Social Welfare and the Registrar-General except by the direction of the Court.

24 -24. Transmission of order to Registrar-General.

(1) Upon the making of an adoption order the Registrar of the Court shall, within seven days from the date thereof, send a certified copy of the order to the Registrar-General and shall also, subject to the payment by the adopter of the prescribed fee deliver or send a certified copy of the order to the adopter.

(2) A certified copy of the order, if sent by post, shall be sent by registered post.

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25 -25. Adopted Children Register.

(1) The Registrar-General shall establish and maintain a register to be called the Adopted Children Register, in which shall be made such entries as may be directed to be made therein by adoption orders, but no other entries.

(2) Every adoption order shall contain a direction to the Registrar-General:

(a) to make in the Adopted Children Register an entry recording the adoption in the form set out in the First Schedule and, subject to subsection (3), shall specify the particulars to be entered under the headings in columns 2 to 6 of the Schedule; and

(b) to issue in respect of the adopted child a Certificate of Birth under this Act.

[ Subs. Act A1098 - Prior text read - "(2) Every adoption order shall contain a direction to the Registrar- General to make in the Adopted Children Register an entry recording the adoption in the form set out in the Schedule and (su

25A -25A. Certificate of Birth.

(1) In respect of the Certificate of Birth referred to in paragraph 25(2) (b) , every adoption order shall contain a direction:

(a) to the Registrar-General that the word "adopted", "adopter" or "adoptive" or any word to like effect shall not appear in the Certificate; and

(b) to the natural or adoptive parent or parents, as the case may be, to surrender to the Registrar-General the Certificate of Birth of the child issued under the Births and Deaths Registration Act 1957 [Act 299]. .

(2) Upon receipt of an adoption order, the Registrar-General shall, subject to due compliance with paragraph (1) (b) and the payment by the adopter of the prescribed fee, issue a Certificate of Birth in respect of the child in the form set out in the Second Schedule.

(3) Where a certified copy of an entry in the Adopted Children Register had been issued in respect of a child adopted unde

26 -26. Restriction on advertisements.

(1) It shall not be lawful for any advertisement to be published indicating that:

(a) the parent or guardian of a child is desirous of causing the child to be adopted;

(b) a person is desirous of adopting a child; or

(c) any person or body, other than the Director General of Social Welfare, is willing to make arrangements for the adoption of a child.

(2) Any person who causes to be published, or knowingly publishes, an advertisement in contravention of this section shall be guilty of an offence against this Act and shall be punishable with imprisonment for six months or a fine of two hundred and fifty ringgit or with both.

27 -27. Power of Director General of Social Welfare to delegate.

The Director General of Social Welfare shall have power to delegate his powers and duties under this Act to any person authorized by him in writing in that behalf.

28 -28. Rules.

Rules in regard to any matter, form or fee to be prescribed under this Act and directing the manner in which applications to the Court and appeals are to be made and dealing generally with all matters of procedure and incidental matters arising out of this Act and for carrying this Act into effect shall be made by the Rules Committee.

29 -29. Meaning of "Child" in any written law relating to the distribution of intestate estates.

Notwithstanding the provisions of any written law relating to the distribution of intestate estates for the time being in force in any part of Malaysia to the contrary the expression "child" shall in any such written law include an adopted child.

30 -30. Repeal.

The Adoption of Children Ordinance (S. S. No. 18 of 1939) of the Straits Settlements is hereby repealed:

Provided that all registers and books maintained and kept under the said Ordinance shall be transferred to the Registrar-General and a certified copy of any entry in the Adopted Children Register established and maintained under the said Ordinance shall, if purporting to be given under the hand of the Registrar-General, be received in evidence as if it were a certified copy of an entry given under the provisions of this Act.

31 -31. Act not to apply to Muslims.

This Act shall not apply to any person who professes the religion of Islam either so as to permit the adoption of any child by such a person or so as to permit the adoption by any person of a child who according to the law of the religion of Islam is a Muslim.

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