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Difference between revisions of "Adopting from Malaysia"

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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/my-lgflag.gif|410x579px|thumb|'''The official flag of Malaysia.'''<BR/>Source: cia.gov.}}
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/my-lgflag.gif|410x579px|thumb|'''The official flag.'''<BR/>Source: cia.gov.}}
  
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/my-map.gif|410x579px|thumb|'''Map of Malaysia.'''<BR/>Source: cia.gov.}}
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/my-map.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}}
  
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/eas/my_large_locator.gif|410x579px|thumb|'''Map of Malaysia.'''<BR/>Source: cia.gov.}}
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/eas/my_large_locator.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}}
  
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/8/85/Petronas_Panorama_II.jpg/364px-Petronas_Panorama_II.jpg|410x579px|thumb|'''The Petronas Twin Towers, Kuala Lumpur, Malaysia.'''<BR/>Source: Wikipedia.org.}}
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/8/85/Petronas_Panorama_II.jpg/364px-Petronas_Panorama_II.jpg|410x579px|thumb|'''The Petronas Twin Towers, Kuala Lumpur.'''<BR/>Source: Wikipedia.org.}}
  
 
{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Kuala_Lumpur_City_View.jpg/800px-Kuala_Lumpur_City_View.jpg|410x579px|thumb|'''Panorma of Kuala Lumpur.'''<BR/>Source: Wikipedia.org.}}
 
{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Kuala_Lumpur_City_View.jpg/800px-Kuala_Lumpur_City_View.jpg|410x579px|thumb|'''Panorma of Kuala Lumpur.'''<BR/>Source: Wikipedia.org.}}
  
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{{#eimage:https://farm6.staticflickr.com/5294/5424699648_bb461d0754.jpg|410x579px|thumb|'''Malaysia.'''<BR/>Source: flickr.com.}}
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{{#eimage:https://farm6.staticflickr.com/5294/5424699648_bb461d0754.jpg|410x579px|thumb|''''''<BR/>Source: flickr.com.}}
  
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/73/Lord_Muruga_Batu_Caves.jpg/448px-Lord_Muruga_Batu_Caves.jpg|410x579px|thumb|'''The Batu Caves outside Kuaa Lumpur, Malaysia.'''<BR/>Source: Wikipedia.org.}}
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/73/Lord_Muruga_Batu_Caves.jpg/448px-Lord_Muruga_Batu_Caves.jpg|410x579px|thumb|'''The Batu Caves outside Kuaa Lumpur.'''<BR/>Source: Wikipedia.org.}}
  
 
{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/1/12/Sepilok_Sabah_SJKC-Ming-Chung-05.jpg/800px-Sepilok_Sabah_SJKC-Ming-Chung-05.jpg|410x579px|thumb|'''A Malaysian family.'''<BR/>Source: Wikipedia.org.}}
 
{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/1/12/Sepilok_Sabah_SJKC-Ming-Chung-05.jpg/800px-Sepilok_Sabah_SJKC-Ming-Chung-05.jpg|410x579px|thumb|'''A Malaysian family.'''<BR/>Source: Wikipedia.org.}}
  
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/7a/Masjid-Selat-Melaka-2260.jpg/800px-Masjid-Selat-Melaka-2260.jpg|410x579px|thumb|'''The Selat Melaka ("Malacca Strait") mosque, built on the beach on [[Palau]] Melaka, Malaysia.'''<BR/>Source: Wikipedia.org.}}
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/7/7a/Masjid-Selat-Melaka-2260.jpg/800px-Masjid-Selat-Melaka-2260.jpg|410x579px|thumb|'''The Selat Melaka ("Malacca Strait") mosque, built on the beach on [[Palau]] Melaka'''<BR/>Source: Wikipedia.org.}}
  
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/1/18/Sabah_Malaysia_Welcoming-Contingent_Hari-Merdeka-2013-16.jpg/800px-Sabah_Malaysia_Welcoming-Contingent_Hari-Merdeka-2013-16.jpg|410x579px|thumb|''' Welcoming contingent of different tribes at Hari Merdeka in Malaysia. '''<BR/>Source: Wikipedia.org.}}
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/1/18/Sabah_Malaysia_Welcoming-Contingent_Hari-Merdeka-2013-16.jpg/800px-Sabah_Malaysia_Welcoming-Contingent_Hari-Merdeka-2013-16.jpg|410x579px|thumb|''' Welcoming contingent of different tribes at Hari Merdeka. '''<BR/>Source: Wikipedia.org.}}
  
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{{#eimage:http://www.bigfoto.com/asia/malaysia/malaysia-49.jpg|410x579px|thumb|'''A rural area of Malaysia.'''<BR/>Source: bigfoot.com.}}
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{{#eimage:http://www.bigfoto.com/asia/malaysia/malaysia-49.jpg|410x579px|thumb|''''''<BR/>Source: bigfoot.com.}}
  
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'''Notice: As of July 14, 2014, all individuals and agencies facilitating international adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].'''
 
  
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=Hague Convention Information=
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'''Notice: As of July 14, 2014, all individuals and agencies facilitating [[international]] adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].'''
  
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Malaysia is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]). Intercountry adoptions of children from non-Hague countries are processed in accordance with [http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=8:1.0.1.2.8&idno=8#8:1.0.1.2.8.1.1.3 8 Code of Federal Regulations, Section  204.3] as it relates to orphans as defined under the [http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-101/0-0-0-434.html Immigration and Nationality Act, Section 101(b)(1)(F)].
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The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.
  
  
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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|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|adoptive parents]] may [[adopt]] Muslim children''''.   
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=About Malaysia=
  
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During the late 18th and 19th centuries, Great Britain established colonies and protectorates in the area of current [[Malaysia]]; these were occupied by [[Japan]] from 1942 to 1945. In 1948, the British-ruled territories on the Malay Peninsula except [[Singapore]] formed the Federation of Malaya, which became independent in 1957. To learn more please read [[About Malaysia]].
  
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Adoptions of children who are not related to the prospective [[Adoptive Parents|adoptive parents]] are not common in Malaysia. Far more common are informal fostering arrangements of children within [[Extended Family|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|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|adoptive parents]] to remain in Malaysia for up to two years to complete a fostering period prior to finalizing the [[adoption]].  Prospective [[Adoptive Parents|adoptive parents]] may wish to review our FAQ Information  [http://adoption.state.gov/adoption_process/faqs/adoption_of_children_countries_islamic_sharia_observed.php “Adoption of Children from Countries in which Islamic Shari’a Law is Observed].”
 
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'''U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS'''
 
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To bring an [[adopted]] child to the United States from Malaysia, you must meet [http://adoption.state.gov/adoption_process/who_can_adopt/eligibility.php eligibility and suitability requirements]. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determines [http://adoption.state.gov/adoption_process/who.php who can adopt] under U.S. immigration law.
 
  
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=Hague Convention Information=
  
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Additionally, a child must meet the [http://www.uscis.gov/tools/glossary/orphan 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.
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[[Malaysia]] is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php Hague Adoption Convention]). Intercountry adoptions of children from non-Hague countries are processed in accordance with [http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div5&view=text&node=8:1.0.1.2.8&idno=8#8:1.0.1.2.8.1.1.3 8 Code of Federal Regulations, Section  204.3] as it relates to orphans as defined under the [https://www.uscis.gov/laws-and-policy/legislation/immigration-and-nationality-act Immigration and Nationality Act, Section 101(b)(1)(F)]. To learn more please read about [[Malaysia and the Hague Convention]].
  
 
=Who Can Adopt=
 
=Who Can Adopt=
  
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In addition to U.S. immigration requirements, you must also meet the following requirements in order to [[adopt]] a child from Malaysia:
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In addition to U.S. immigration requirements, you must also meet multiple requirements in order to [[adopt]] a child from [[Malaysia]]. To learn more please read about [[Who Can Adopt from Malaysia]].
  
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==Residency==
 
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To [[adopt]] a non-Muslim child, the prospective [[Adoptive Parent|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|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|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.
 
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==Age of Adopting Parents==
 
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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|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|adoptive parents]] must be at least 25 years old and at least 18 years older than the child. If the prospective [[Adoptive Parent|adoptive parent]] is a brother, sister, uncle or aunt of the child, he/she must be at least 21 years old.
 
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==Marriage==
 
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Prospective [[Adoptive Parents|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]].
 
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==Income==
 
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There is no minimum income requirement.
 
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==Other==
 
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In some cases, prospective [[Adoptive Parents|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|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=
 
=Who Can Be Adopted=
  
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In addition to U.S. immigration requirements, Malaysia has specific requirements that a child must meet in order to be eligible for [[adoption]]:
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In addition to U.S. immigration requirements, [[Malaysia]] has specific requirements that a child must meet in order to be eligible for [[adoption]]. To learn more please read about [[Who Can Be Adopted from Malaysia]].
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'''ELIGIBILITY REQUIREMENTS:'''
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'''[[Relinquishment]]:''' In adoptions of both Muslim and non-Muslim children, the prospective [[Adoptive Parents|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|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.
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'''[[Abandonment]]:''' The statutory declaration (notarized [[affidavit]]) is not necessary if the biological parents cannot be found or if they have abandoned the child.
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'''Age of Adoptive Child:''' A child must be under 18 years of age in order to be [[adopted]].
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'''Sibling Adoptions:''' No requirements. In practice, however, siblings are normally [[adopted]] together.
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'''[[Special Needs]] or Medical Conditions:''' No requirements.
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'''Waiting Period or [[Foster Care]]:''' To [[adopt]] a non-Muslim child, prospective [[Adoptive Parents|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|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|adoptive parents]] must have fostered the child for a minimum of two years prior to the application date.  
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'''''Caution: Prospective [[Adoptive Parents|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|birth parent]](s) have rarely relinquished their [[Parental Rights|parental rights]] or consented to their child(ren)’s [[adoption]].'''''
 
  
 
=How to Adopt=
 
=How to Adopt=
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==The Process==
 
==The Process==
  
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The process for adopting a child from Malaysia generally includes the following steps:
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The process for adopting a child from [[Malaysia]] generally includes the following steps:
  
  
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# Apply to be found eligible to [[adopt]]
 
# Apply to be found eligible to [[adopt]]
 
# Be matched with a child
 
# Be matched with a child
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# [[Adopt]] [or gain [[custody]] of] the child in Malaysia  
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# [[Adopt]] [or gain [[custody]] of] the child in [[Malaysia]]
 
# Apply for the child to be found eligible for [[orphan]] status
 
# Apply for the child to be found eligible for [[orphan]] status
 
# Bring your child home  
 
# Bring your child home  
  
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To learn more about this process please read about [[How to Adopt from Malaysia]].
  
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'''1. Choose an [[Adoption Service Provider]]'''
 
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The recommended first step in adopting a child from Malaysia is to decide whether or not to use a licensed [[Adoption Service Provider|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 [http://adoption.state.gov/adoption_process/how_to_adopt/agencies.php selecting an [[Adoption Service Provider|adoption service provider]]] on its website.
 
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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.
 
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'''2. Apply to be Found Eligible to [[Adopt]]'''
 
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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.
 
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To meet U.S. immigration requirements, you may also file an [[I-600A]], [http://www.uscis.gov/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]].
 
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'''3. Be Matched with a Child'''
 
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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.
 
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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 [http://www.uscis.gov/tools/glossary/orphan definition of [[orphan]]] under U.S. immigration law.
 
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When adopting a non-Muslim child, prospective [[Adoptive Parents|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|adoptive parents]] have identified a child, they must obtain a statutory declaration (notarized [[affidavit]]) from the biological parent(s) relinquishing all [[Parental Rights|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|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|adoptive parents]]. This notification must be in writing. Regardless of how the child was identified, the prospective [[Adoptive Parent|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.
 
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When adopting a Muslim child, prospective [[Adoptive Parents|adoptive parents]] may identifya prospective adoptive child privately or through the national Social Welfare Department. The prospective [[Adoptive Parents|adoptive parents]] must obtain a statutory declaration (notarized [[affidavit]]) from the biological parent(s) relinquishing all [[Parental Rights|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.
 
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'''4. [[Adopt]] or Gain [[Legal Custody]] of Child in Malaysia'''
 
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The process for finalizing the [[adoption]] (or gaining [[Legal Custody|legal custody]]) in Malaysia generally includes the following:
 
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*'''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|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).
 
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*'''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|adoptive parents]]. The Court may either issue an [[Adoption]] Order or an Interim Order, which awards [[custody]] of the child to the [[Adoptive Parent|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.
 
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: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|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|original birth certificate]]. The [[Adoptive Parent|adoptive parent]] may apply for a certified copy of the entry in the [[Adopted]] Children Register through the Registrar-General.
 
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:When adopting a Muslim child, a court petition is not required. The Muslim prospective [[Adoptive Parents|adoptive parents]] apply directly to the National Registration Department to document the child as his/her [[adopted]] child. To qualify, the prospective [[Adoptive Parents|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|parental rights]] of the child.
 
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: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|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|adoptive parents]].
 
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*'''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.
 
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*'''[[Adoption]] Application:''' When adopting non-Muslim children, local legal counsel will assist [[Adoptive Parents|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|adoptive parents]] may apply directly to the National Registration Department.
 
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*'''Time Frame:''' Adoptions can take approximately eight months to two years or more, depending on fostering requirements.
 
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*'''[[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.
 
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*'''Documents Required:''' For adoptions of non-Muslim children, the prospective [[Adoptive Parents|adoptive parents]] must present the following documents to the Malaysian Social Welfare Department under the Ministry of Women, Family and Community Development:
 
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::::1. His/her valid passport;
 
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::::2. The [[Original Birth Certificate|original birth certificate]] of the adoptive child;
 
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::::3. Statutory declaration (notarized [[affidavit]]) containing consent from the biological parent(s);
 
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::::4. Marriage certificate from the prospective [[Adoptive Parent|adoptive parent]](s), if married; and
 
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::::5. Notice letter to the Social Welfare Department stating the intention to [[adopt]]. '''NOTE:''' Additional documents may be requested.
 
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*'''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.
 
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'''5. Apply for the Child to be Found Eligible for [[Orphan]] Status'''
 
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After you finalize the [[adoption]] (or gain [[Legal Custody|legal custody]]) in Malaysia, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the [http://www.uscis.gov/tools/glossary/orphan definition of [[orphan]]] under U.S. immigration law. You will need to file a Form [[I-600]], [http://www.uscis.gov/adoption/immigration-through-adoption/orphan-process Petition to Classify [[Orphan]] as an Immediate Relative].
 
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'''6. Bring Your Child Home'''
 
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Once your [[adoption]] is complete (or you have obtained [[Legal Custody|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:
 
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::1. Birth Certificate
 
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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.
 
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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.
 
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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|adoptive parents]] and makes no reference to the [[adoption]]. The [[Adoptive Parents|adoptive parents]] must provide identification in order to obtain the birth certificate.
 
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::2. Malaysian Passport
 
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Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Malaysia.
 
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The [[Adoptive Parents|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 [http://www.imi.gov.my/index.php/en/main-services/pasport/malaysian-international-passport website].
 
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::3. U.S. Immigrant Visa
 
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After you have obtained the new birth certificate and passport for your child and have filed Form [[I-600]], [http://www.uscis.gov/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 [http://adoption.state.gov/us_visa_for_your_child/health.php 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|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|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.
 
−
 
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'''''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.
 
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'''''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.'''''
 
−
 
−
 
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Read more about the [http://travel.state.gov/content/travel/english/legal-considerations.html Child Citizenship Act of 2000].
 
  
 
=Traveling Abroad=
 
=Traveling Abroad=
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'''Applying for Your U.S. Passport'''
 
'''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 [https://pptform.state.gov/ 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.  
+
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. To learn more please read about [[Traveling Abroad in Malaysia]].
  
−
 
−
'''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 [http://travel.state.gov/content/passports/english/country.html Country Specific Information].
 
−
 
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−
'''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 [http://travel.state.gov/content/passports/english/country.html 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.
 
−
 
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'''Staying in Touch on Your Trip'''
 
−
 
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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=
 
=After Adoption=
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'''Post-[[Adoption]] Resources'''
 
'''Post-[[Adoption]] Resources'''
 
   
 
   
−
Many [[Adoptive Parents|adoptive parents]] find it important to find support after the [[adoption]]. There are many public and private nonprofit post-[[adoption]] services available for children and their families. There are also numerous adoptive family support groups and [[adoptee]] organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services.  
+
Many [[Adoptive Parents|adoptive parents]] find it important to find support after the [[adoption]]. There are many public and private nonprofit post-[[adoption]] services available for children and their families. There are also numerous adoptive family support groups and [[adoptee]] [[organizations]] active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services.  
  
  
Line 249: Line 100:
  
  
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==Contact Information==
+
=Contact Information=
  
 
'''U.S. Embassy in Kuala Lumpur'''
 
'''U.S. Embassy in Kuala Lumpur'''
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376 Jalan Tun Razak
 
376 Jalan Tun Razak
 
50400 Kuala Lumpur
 
50400 Kuala Lumpur
−
Malaysia
+
[[Malaysia]]
 
Tel: (6)(03) 2168-5000
 
Tel: (6)(03) 2168-5000
 
Fax: (6)(03) 248-5801
 
Fax: (6)(03) 248-5801
Line 269: Line 120:
 
21-23rd Floor, Menara Tun Ismail Mohd Ali  
 
21-23rd Floor, Menara Tun Ismail Mohd Ali  
 
Jalan Raja Laut
 
Jalan Raja Laut
−
50562 Kuala Lumpur, Malaysia.
+
50562 Kuala Lumpur, [[Malaysia]].
 
Tel: (60)(3) 2616-5802 – General Line; (60)(3) 2616-5865 – [[Adoption]]  
 
Tel: (60)(3) 2616-5802 – General Line; (60)(3) 2616-5865 – [[Adoption]]  
 
Email: rosmaini@kempadu.gov.my
 
Email: rosmaini@kempadu.gov.my
−
Internet: [http://jkm.gov.my Malaysian Adoption Authority]
 
−
 
  
 
'''National Registration Department'''
 
'''National Registration Department'''
Line 286: Line 135:
 
   
 
   
  
−
'''Embassy of Malaysia'''
+
'''Embassy of [[Malaysia]]'''
 
   
 
   
−
3516 International Court N.W.
+
3516 [[International]] Court N.W.
 
[[Washington]], D.C. 20008
 
[[Washington]], D.C. 20008
 
Tel: 202-572-9700
 
Tel: 202-572-9700
 
Fax: 202-572-9882  
 
Fax: 202-572-9882  
 
Email: malwashdc@kln.gov.my
 
Email: malwashdc@kln.gov.my
−
Internet: [http://kln.gov.my/web/usa_washington/home Embassy of Malaysia]
 
−
 
  
−
Malaysia also has consulates in: [[New York]] City and Los Angeles and a Permanent Mission to the United Nations in [[New York]] City.
+
[[Malaysia]] also has consulates in: [[New York]] City and Los Angeles and a Permanent Mission to the United Nations in [[New York]] City.
  
  
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==SOURCE==
 
==SOURCE==
  
−
'''Intercountry [[Adoption]], Bureau of Consular Affairs.  U.S. Department of State Country Information'''[http://adoption.state.gov/country_information/country_specific_info.php?country-select=malaysia]
+
'''Intercountry [[Adoption]], Bureau of Consular Affairs.  U.S. Department of State Country Information''' [[adoption]].state.gov/country_information/country_specific_info.php?country-select=[[malaysia]]
  
 
[[Category: International Adoption]]
 
[[Category: International Adoption]]

Latest revision as of 12:52, 12 July 2021

The official flag.
Source: cia.gov.

Map.
Source: cia.gov.

Map.
Source: cia.gov.

The Petronas Twin Towers, Kuala Lumpur.
Source: Wikipedia.org.

Panorma of Kuala Lumpur.
Source: Wikipedia.org.

'
Source: flickr.com.

The Batu Caves outside Kuaa Lumpur.
Source: Wikipedia.org.

A Malaysian family.
Source: Wikipedia.org.

The Selat Melaka ("Malacca Strait") mosque, built on the beach on Melaka
Source: Wikipedia.org.

Welcoming contingent of different tribes at Hari Merdeka.
Source: Wikipedia.org.

'
Source: bigfoot.com.


Notice: As of July 14, 2014, all individuals and agencies facilitating international adoptions must be in compliance with the Intercountry Universal Accreditation Act.

The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.


About Malaysia

During the late 18th and 19th centuries, Great Britain established colonies and protectorates in the area of current Malaysia; these were occupied by Japan from 1942 to 1945. In 1948, the British-ruled territories on the Malay Peninsula except Singapore formed the Federation of Malaya, which became independent in 1957. To learn more please read About Malaysia.


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). To learn more please read about Malaysia and the Hague Convention.

Who Can Adopt

In addition to U.S. immigration requirements, you must also meet multiple requirements in order to adopt a child from Malaysia. To learn more please read about Who Can Adopt from Malaysia.


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. To learn more please read about Who Can Be Adopted from Malaysia.


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:


  1. Choose an adoption service provider
  2. Apply to be found eligible to adopt
  3. Be matched with a child
  4. Adopt [or gain custody of] the child in Malaysia
  5. Apply for the child to be found eligible for orphan status
  6. Bring your child home

To learn more about this process please read about How to Adopt from Malaysia.


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. To learn more please read about Traveling Abroad in Malaysia.


After Adoption

After the adoption is finalized, adoptive parents have legal custody of the child and are not subject to any other restrictions or investigations related to the adoption process. Parents must remember to obtain the child’s amended birth certificate from the National Registration Department.

Post-Adoption Resources

Many adoptive parents find it important to find support after the adoption. There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin. Take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services.


Here are some places to start your support group search:


Child Welfare Information Gateway

North American Council on Adoptable Children

Adoption Services Support Groups for Adopting Persons


NOTE: Inclusion of non-U.S. government links does not imply endorsement of contents.


Contact Information

U.S. Embassy in Kuala Lumpur

376 Jalan Tun Razak 50400 Kuala Lumpur Malaysia Tel: (6)(03) 2168-5000 Fax: (6)(03) 248-5801 Email: klconsular@state.gov Internet: U.S. Embassy Kuala Lumpur


Malaysian Adoption Authority:

Family and Children’s Division Social Welfare Department Ministry of Women, Family and Community Development 21-23rd Floor, Menara Tun Ismail Mohd Ali Jalan Raja Laut 50562 Kuala Lumpur, Malaysia. Tel: (60)(3) 2616-5802 – General Line; (60)(3) 2616-5865 – Adoption Email: rosmaini@kempadu.gov.my

National Registration Department

Ministry of Home Affairs Lot 2G5, Precinct 2 Federal Government Administrative Centre 62100 Federal Territory of Putrajaya Tel: (60)(3) 8880-7000 Fax: (60)(3) 8880-7059 Internet: National Registration Department


Embassy of Malaysia

3516 International Court N.W. Washington, D.C. 20008 Tel: 202-572-9700 Fax: 202-572-9882 Email: malwashdc@kln.gov.my

Malaysia also has consulates in: New York City and Los Angeles and a Permanent Mission to the United Nations in New York City.


Office of Children's Issues

U.S. Department of State Bureau of Consular Affairs SA-17, 9th Floor Washington, DC 20522-1709 Tel: 1-888-407-4747 Email: AskCI@state.gov Internet: U.S. Department of State


U.S. Citizenship and Immigration Services (USCIS)

For questions about immigration procedures: National Customer Service Center (NCSC) Tel: 1-800-375-5283 (TTY 1-800-767-1833) Internet: USCIS


For questions about filing a Form I-600A or I-600 petition: National Benefits Center Tel: 1-877-424-8374 (toll free); 1-816-251-2770 (local) Email: NBC.Adoptions@DHS.gov


SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information adoption.state.gov/country_information/country_specific_info.php?country-select=malaysia