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Adopting from Malaysia
Source: cia.gov.
Source: cia.gov.
Source: cia.gov.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: flickr.com.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: Wikipedia.org.
Source: bigfoot.com.
Contents
Hague Convention Information
Malaysia is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).
The Adoption Act of 1952 governs adoptions of non-Muslim children. The Registration of Adoption Act of 1952 governs adoptions of Muslim children. Therefore, different procedures apply to adoptions of non-Muslim and Muslim children. For example, prospective adoptive parents file their adoption applications with different Malaysian entities, depending on whether the adoption is of a Muslim or non-Muslim child. Only Muslim prospective adoptive parents may adopt Muslim children'.
Adoptions of children who are not related to the prospective adoptive parents are not common in Malaysia. Far more common are informal fostering arrangements of children within extended family groups. (Note: Participation in such informal fostering arrangements may not by itself be sufficient to qualify a child to immigrate to the United States.) Prospective adoptive parents must be “ordinarily resident” in Malaysia, i.e. working and living in Malaysia, as defined by the Social Welfare Department, at the time of the adoption application. In addition, Malaysian law may require prospective adoptive parents to remain in Malaysia for up to two years to complete a fostering period prior to finalizing the adoption. Prospective adoptive parents may wish to review our FAQ Information “Adoption of Children from Countries in which Islamic Shari’a Law is Observed.”
U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS
To bring an adopted child to the United States from Malaysia, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines who can adopt under U.S. immigration law.
Additionally, a child must meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.
Who Can Adopt
In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Malaysia:
Residency
To adopt a non-Muslim child, the prospective adoptive parent(s) must be "ordinarily resident" in Malaysia, i.e. they must have been working and living in Malaysia prior to the application. The Department of Social Welfare determines who is or is not “ordinarily resident.” Prospective adoptive parents are also required to remain in Malaysia during the adoption process, which may take three months to one year. To adopt a Muslim child, the prospective adoptive parents must have cared for or fostered the child for at least two years prior to the adoption application and therefore should have been living with the child in Malaysia for at least that period of time.
Age of Adopting Parents
When adopting non-Muslim children, one of the adopting parents must be at least 25 years old and at least 21 years older than the child. If the prospective adoptive parent is a relative of the child, he/she must be at least 21 years of age. When adopting Muslim children, one of the prospective adoptive parents must be at least 25 years old and at least 18 years older than the child. If the prospective adoptive parent is a brother, sister, uncle or aunt of the child, he/she must be at least 21 years old.
Marriage
Prospective adoptive parents must submit their marriage license as part of the adoption application. Single individuals may adopt with some restrictions, e.g. males may not adopt female children. Same-sex couples may not adopt.
Income
There is no minimum income requirement.
Other
In some cases, prospective adoptive parents are subject to home visits from a court-appointed guardian, usually a Social Welfare Officer from the national Social Welfare Department. The court-appointed guardian will investigate the background and circumstances of the prospective adoptive parents to verify their overall suitability, including their ability to care for the child and family stability. In many cases, the Social Welfare Department will exempt the prospective parents from home visits, instead accepting the report prepared by the court-appointed guardian.
Who Can Be Adopted
In addition to U.S. immigration requirements, Malaysia has specific requirements that a child must meet in order to be eligible for adoption:
ELIGIBILITY REQUIREMENTS:
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.
Abandonment: The statutory declaration (notarized affidavit) is not necessary if the biological parents cannot be found or if they have abandoned the child.
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.
How to Adopt
Adoption Authority
Malaysian Adoption Authority
Family and Children’s Division, Social Welfare Department, Ministry of Women, Family and Community Development
The Process
The process for adopting a child from Malaysia generally includes the following steps:
- Choose an adoption service provider
- Apply to be found eligible to adopt
- Be matched with a child
- Adopt [or gain custody of] the child in Malaysia
- Apply for the child to be found eligible for orphan status
- Bring your child home
1. Choose an Adoption Service Provider
The recommended first step in adopting a child from Malaysia is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. The Department of State provides information on selecting an adoption service provider on its website.
There are no adoption service providers in Malaysia. All adoption inquiries should be directed to the Family Services Division, Social Welfare Department, Ministry of Women, Family and Community Development.
2. Apply to be Found Eligible to Adopt
In order to adopt a child from Malaysia, you will need to meet the requirements of the Government of Malaysia and U.S. immigration law. You must submit an application to be found eligible to adopt with the Family and Children’s Division, Social Welfare Department, Ministry of Women, Family and Community Development of Malaysia.
To meet U.S. immigration requirements, you may also file an I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt.
3. Be Matched with a Child
If you are eligible to adopt, and if a child is available for intercountry adoption, the Family and Children’s Division, Social Welfare Department, Ministry of Women, Family and Community Development in Malaysia may provide you with a referral. Each family must decide for itself whether or not it will be able to meet the needs of and provide a permanent home for a particular child.
The child must be eligible to be adopted according to Malaysia’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of orphan under U.S. immigration law.
When adopting a non-Muslim child, prospective adoptive parents may identify a prospective adoptive child privately through friends or relatives in Malaysia or through the national Social Welfare Department. Once the prospective adoptive parents have identified a child, they must obtain a statutory declaration (notarized affidavit) from the biological parent(s) relinquishing all parental rights of the child. (The affidavit is waived if the biological parents cannot be found, or if they have abandoned the child.) The prospective adoptive parents notify the Social Welfare Department of the Malaysian State in which they are resident of their intention to apply for an Adoption Order for the child. If the Social Welfare Department identified the child, an "offer" letter will be issued to the prospective adoptive parents. This notification must be in writing. Regardless of how the child was identified, the prospective adoptive parent(s) must have been “ordinarily resident” in Malaysia at the time they file the petition with the Sessions or High Court, and must continue to reside with and care for the child in Malaysia for not less than three consecutive months afterwards.
When adopting a Muslim child, prospective adoptive parents may identifya prospective adoptive child privately or through the national Social Welfare Department. The prospective adoptive parents must obtain a statutory declaration (notarized affidavit) from the biological parent(s) relinquishing all parental rights towards the child. The statutory declaration (notarized affidavit) is not necessary if the biological parents cannot be found or if they have abandoned the child.
4. Adopt or Gain Legal Custody of Child in Malaysia
The process for finalizing the adoption (or gaining legal custody) in Malaysia generally includes the following:
- Role of Adoption Authority: When adopting a non-Muslim child, the national Social Welfare Department is responsible for providing a court-appointed guardian to investigate and report on the background and circumstances of the child and the prospective adoptive parents, including the financial and emotional stability of the family and whether there was financial compensation involved in the adoption and, if so, if it was in the best interests of the child. The guardian’s finalreport is submitted to the Sessions or High Court on the day of the hearing. When adopting a Muslim child, the National Registration Department is the relevant authority able to register an adopted child (see additional information below).
- Role of the Court: The Sessions or High Court is the primary authority on adoptions of non-Muslim children, as it issues the final Adoption Order that transfers guardianship, custody, and all rights and obligations to the child to the prospective adoptive parents. The Court may either issue an Adoption Order or an Interim Order, which awards custody of the child to the adoptive parent(s) for a probationary period of six months to two years, subject to provisions for the maintenance, education, and supervision of the welfare of the child.
- The Adoption Order legally allows the National Registration Department to change the child’s birth certificate, replacing the names of the biological parents with those of the adopting parents. The Registrar of the Court sends a certified copy of the Adoption Order to the National Registration Department and to the adoptive parent(s) within seven days. The Registrar-General enters the Adoption Order in the Adopted Children Register. The Register entry serves as the child’s official record instead of the original birth certificate. The adoptive parent may apply for a certified copy of the entry in the Adopted Children Register through the Registrar-General.
- When adopting a Muslim child, a court petition is not required. The Muslim prospective adoptive parents apply directly to the National Registration Department to document the child as his/her adopted child. To qualify, the prospective adoptive parents must have resided with and had continuous custody of the child for a period of not less than two years. The application should include evidence relating to the care, maintenance, and education of the child during the two years from the date of the biological parents’ statutory declaration (notarized affidavit) relinquishing all parental rights of the child.
- If the National Registration Department is satisfied with the evidence submitted, an entry will be made in the Adopted Children Register and a certified copy of the entry delivered to the adoptive parents. If the Registration Department is not satisfied with the evidence, an officer from the national Social Welfare Department will conduct an investigation on the well-being of the child. Children adopted under the Registration of Adoptions Act cannot assume the name of or inherit property from the adoptive parents.
- Role of Adoption Agencies: There are no agencies in Malaysia. All adoption inquiries should be directed to the Family Services Division, Social Welfare Department, Ministry of Women, Family and Community Development.
- Adoption Application: When adopting non-Muslim children, local legal counsel will assist adoptive parents with filing a notice of intention to adopt with the national Social Welfare Department. The attorney may file an application for an Adoption Order with the Court (either Session or High) at that time. When adopting Muslim children, prospective adoptive parents may apply directly to the National Registration Department.
- Time Frame: Adoptions can take approximately eight months to two years or more, depending on fostering requirements.
- Adoption Fees: Adoption application fees are minimal and vary by region, but you must hire a local lawyer to process Adoption Orders through the Session or High Courts. Lawyers’ fees may range from RM2,000 (US$570) to RM10,000 (US$2,850) or more. For more information on how to obtain a list of lawyers in Malaysia, please email the U.S. Embassy Kuala Lumpur’s consular section at: KLconsular@state.gov.
- Documents Required: For adoptions of non-Muslim children, the prospective adoptive parents must present the following documents to the Malaysian Social Welfare Department under the Ministry of Women, Family and Community Development:
- 1. His/her valid passport;
- 2. The original birth certificate of the adoptive child;
- 3. Statutory declaration (notarized affidavit) containing consent from the biological parent(s);
- 4. Marriage certificate from the prospective adoptive parent(s), if married; and
- 5. Notice letter to the Social Welfare Department stating the intention to adopt. NOTE: Additional documents may be requested.
- Authentication of Documents: You may be asked to provide proof that a document from the United States is authentic. If so, the Department of State, Authentications Office may be able to assist.
5. Apply for the Child to be Found Eligible for Orphan Status
After you finalize the adoption (or gain legal custody) in Malaysia, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. immigration law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative.
6. Bring Your Child Home
Once your adoption is complete (or you have obtained legal custody of the child), you need to apply for several documents for your child before you can apply for a U.S. immigrant visa to bring your child home to the United States:
- 1. Birth Certificate
If you have finalized the adoption in Malaysia, you will first need to apply for a new birth certificate for your child. Your name will be added to the new birth certificate.
If you have been granted custody for the purpose of adopting the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.
After the Court issues the Adoption Order, the Register-General will issue (for a small fee) a new birth certificate that lists the names of the adoptive parents and makes no reference to the adoption. The adoptive parents must provide identification in order to obtain the birth certificate.
- 2. Malaysian Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Malaysia.
The adoptive parents may apply for a Malaysian passport for the child at any local immigration office. They must bring their U.S. passports and the child’s new birth certificate, along with other required items, in order to apply. The fee is 150 ringgit (approximately USD 50). For more information, see this website.
- 3. U.S. Immigrant Visa
After you have obtained the new birth certificate and passport for your child and have filed Form I-600, Petition to Classify Orphan as an Immediate Relative, you then need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Kuala Lumpur. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the Panel Physician’s medical report on the child.
The immigrant visa process involves complex Malaysian and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the child, the adoptive parent(s), and the biological parents(s). Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Kuala Lumpur, Malaysia before formalizing an adoption or grant of custody to ensure that appropriate procedures have been followed. This will help make it possible for the Embassy to issue a U.S. immigrant visa for the child.
Upon receipt of USCIS’ approval of a Form I-600 petition, or upon approving a Form I-600 petition filed directly with the U.S. Embassy in Kuala Lumpur, Embassy staff will contact the petitioners and provide additional instructions on the child’s immigrant visa application process. U.S. consular officers may not begin processing the child’s immigrant visa application until they have either approved a Form I-600 petition submitted directly to the U.S. Embassy in Kuala Lumpur or received formal notification of approval from USCIS.
NOTE: Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.
You can find instructions for applying for an immigrant visa on the U.S. Embassy in Kuala Lumpur’s website.
Child Citizenship Act
For adoptions finalized abroad prior to the child’s entry into the United States: A child will acquire U.S. citizenship upon entry into the United States if the adoption was finalized prior to entry and the child otherwise meets the requirements of the Child Citizenship Act of 2000.
For adoptions finalized after the child’s entry into the United States: An adoption will need to be completed following your child’s entry into the United States for the child to acquire U.S. citizenship.
Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.
Read more about the Child Citizenship Act of 2000.
Traveling Abroad
Applying for Your U.S. Passport
A valid U.S. passport is required to enter and leave Maylaysia. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print-all in one place.
Obtaining Your Visa
In addition to a U.S. passport, you also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are attached to your passport and allow you to enter a foreign nation. To find information about obtaining a visa for Malaysia, see the Department of State's Country Specific Information.
Staying Safe on Your Trip
Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The State Department is a good place to start. The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.
Staying in Touch on Your Trip
When traveling during the adoption process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there's a family emergency in the United States, or a crisis in Malaysia, registration assists the U.S. Embassy or Consulate in reaching you. Registration is free and can be done online.
After Adoption
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information