Advertisements
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
How to Adopt
Adoption Authority
The Process
Traveling Abroad
After Adoption
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information