Who Can Be Adopted from Malaysia
Relinquishment: In adoptions of both Muslim and non-Muslim children, the prospective adoptive parents must obtain a statutory declaration (notarized affidavit), provided by either the national Sessions or High Court, in which biological parent(s) relinquish all parental rights of the child. Both of the biological parent(s) must sign this statutory declaration. If they are unable to appear during court appointments, they must also sign affidavits to exempt their absences.
Age of Adoptive Child: A child must be under 18 years of age in order to be adopted.
Sibling Adoptions: No requirements. In practice, however, siblings are normally adopted together.
Special Needs or Medical Conditions: No requirements.
Waiting Period or Foster Care: To adopt a non-Muslim child, prospective adoptive parents must work with a local lawyer to file a notice (intention to adopt) with the national Social Welfare Department and a petition to adopt with the national Sessions or High Court. The Court will set a date to appoint a guardian within a few months. The guardianwill investigate and issue his/her findings within three months, after which the Sessions or High Court can issue an Adoption Order. For Muslim children, the prospective adoptive parents must have fostered the child for a minimum of two years prior to the application date.
Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are adoptable. In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when this becomes possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to their child(ren)’s adoption.
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