Adoption
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LAWS OF MALAYSIA
REPRINT
Act 257
ADOPTION ACT 1952
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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ADOPTION ACT 1952
First enacted
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1952 (F.M. Ordinance
No. 41 of 1952)
Revised
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1981 (Act 257 w.e.f.
24 December 1981)
PREVIOUS REPRINT
First Reprint
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2001
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LAWS OF MALAYSIA
Act 257
ADOPTION ACT 1952
ARRANGEMENT OF SECTIONS
Section
1.
Short title and application
2.
Interpretation
3.
Power to make adoption orders
4.
Restrictions on making of adoption orders
5.
Consents to adoptions
6.
Matters with respect to which Court to be satisfied
7.
Terms and conditions of order
8.
Provision as to existing de facto adoptions
9.
Effect of adoption order
10.
Jurisdiction
11.
Procedure
12.
Appointment of guardian ad litem: persons to be respondents and service
13.
Duties of guardian ad litem
14.
Attendance before the Court of parties: power to dispense
15.
Power to examine parties separately
16.
Notice of adjourned hearing
17.
Power to make interim orders
18.
Adoption order in respect of child previously adopted
19.
Procedure for determination of application
20.
Power to remove child from unsatisfactory environment
21.
Costs
22.
Appeal
23.
Preparation of interim and adoption orders
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Section
24.
Transmission of order to Registrar General
25.
Adopted Children Register
25A. Certificate of Birth
26.
Restriction on advertisements
27.
Power of Director General of Social Welfare to delegate
28.
Rules
29.
Meaning of "child" in any written law relating to the distribution of
intestate estates
30.
Repeal
31.
Act not to apply to Muslims
FIRST SCHEDULE
SECOND SCHEDULE
Adoption
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LAWS OF MALAYSIA
Act 257
ADOPTION ACT 1952
An Act to provide for the adoption of children.
[25 June 1953, L.N. 319/1953]
Short title and application
1. (1) This Act may be cited as the Adoption Act 1952.
(2) This Act shall apply to Peninsular Malaysia only.
Interpretation
2.
In this Act, unless the context otherwise requires--
"adopted child" means a child who has been authorized by the
Court to be adopted or readopted;
"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;
"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;
"Certificate of Birth" means a Certificate of Birth issued under
this Act;
"child" means an unmarried person under the age of twenty-one
and includes a female under that age who has been divorced;
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"Court" means any Court having jurisdiction to make adoption
orders under this Act;
"Director General of Social Welfare" means the Director General
of Social Welfare, Malaysia;
"father" in relation to an illegitimate child means the natural
father;
"guardian" in relation to a child, means any person or body of
persons other than its natural parents, who has custody of the
child;
"Peninsular Malaysia" has the meaning assigned to it in section
3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes
the Federal Teritory;
"Registrar General" means the person appointed to be Registrar
General of Births and Deaths, Malaysia, in accordance with subsection
3(1) of the Births and Deaths Registration Act 1957 [Act 299];
"relative" means a brother, sister, grandparent, uncle or aunt,
whether by consanguinity or affinity, and in the case of an illegitimate
child, a person who would be so related if the child were legitimate
and his father;
"spouse" means in relation to a woman her husband, in relation
to a man of Chinese race his principal wife, and in relation to any
other man his wife.
Power to make adoption orders
3. (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 except as provided, 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.
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Restrictions on making of adoption orders
4. (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.
(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 applicant
who is not ordinarily resident in Peninsular Malaysia or in respect
of any child who is not so resident.
(4) An adoption order shall not be made in respect of any child
unless--
(a) the child has been continuously in the care and possession
of the applicant for at least three consecutive months
immediately preceding the date of the order; and
(b) the applicant has at least three months before the date of
the order by a written notification informed an officer of
the Social Welfare Department of the State in which he
is for the time being resident of his intention to apply for
an adoption order in respect of the child.
Consents to adoptions
5. (1) Except as 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
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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 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 is required
cannot be found or is incapable of giving his consent or
that his consent is unreasonably withheld; or
(d) in any case, that in accordance with any written law
relating to the adoption of children for the time being in
force in any country any competent authority has given
permission or granted a licence authorizing the care and
possession of the child to be transferred to the applicant.
(2) The Court may dispense with the consent of the spouse of
an applicant for an adoption order if satisfied that the person
whose consent is to be dispensed with cannot be found or is
incapable of giving such consent or that the spouses have separated
and are living apart and that the separation is likely to be permanent.
(3) The consent of any person to the making of an adoption
order in pursuance of an application (not being the consent of the
child) may be given (either unconditionally or subject to conditions
with respect to the religion in which the child is to be brought up)
without knowing the identity of the applicant for the order; and
where consent so given by any person is subsequently withdrawn
on the ground only that the identity of the applicant is unknown
that consent shall be deemed for the purposes of this section to
be unnecessarily withheld.
(4) While an application for an adoption is pending in any
Court, any parent or guardian of the child who has signified his
consent to the making of an adoption order in pursuance of the
application shall not except with the leave of the Court remove the
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child from the care and possession of the applicant; and in considering
whether to grant or to refuse such leave the Court shall have regard
to the welfare of the child.
Matters with respect to which Court to be satisfied
6.
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 for 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
w i s h e s 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 adoption except such as the Court
may sanction; and
(d) that there has been a substantial change in the circumstances,
if it appears that the applicant has made a previous
application under this Act in respect of the same child.
Terms and conditions of order
7.  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.
Provisions as to existing de facto adoptions
8.  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
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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.
Effect of adoption order
9. (1) Upon an adoption order being made, all rights, duties,
obligations and liabilities of the parent, guardian 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 provided in this subsection
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 of the adopted child, and the adopted child shall stand to
them respectively in the same relation as a child would have stood
to a lawful father and mother, respectively.
(2) Where, at any time after the making of an adoption order,
the adopter or the adopted child or any other person dies intestate
in respect of any movable or immovable property, that property
shall devolve in all respects as if the adopted child were the child
of the adopter born in lawful wedlock and were not the child of
any other person.
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(3) In any disposition of movable or immovable property made,
whether by instrument inter vivos or by will (including codicil),
after the date of an adoption order--
(a) any reference (whether express or implied) to the child
or children of the adopter shall, unless the contrary intention
appears, be construed as, or as including, a reference to
the adopted child;
(b) any reference (whether express or implied) to the child
or children of the adopted child's natural parents or either
of them shall, unless the contrary intention appears, be
construed as not being, or as not including, a reference
to the adopted child; and
(c) any reference (whether express or implied) to a person
related to the adopted child in any degree shall, unless
the contrary intention appears, be construed as a reference
to the person who would be related to him in that degree
if he were the child of the adopter born in lawful wedlock
and were not the child of any other person.
(4) Where an adopted child or the spouse or issue of an adopted
child takes any interest in any movable or immovable property
under any disposition, whether by instrument inter vivos or by will
(including codicil), or under any intestacy, or where an adopter
takes any interest in any movable or immovable property under
any disposition as provided in this section by an adopted child or
by the spouse or issue of an adopted child, or under the intestacy
of an adopted child or of the spouse or issue of an adopted child,
any estate or other duty which becomes leviable in respect of it
shall be payable at the same rate as if the adopted child had been
a child of the adopter born in lawful wedlock.
(5) Notwithstanding anything in this section, trustees or personal
representatives may convey or distribute any movable or immovable
property to or among the persons entitled to it without having
ascertained that no adoption order has been made under which any
person is or may be entitled to any interest in it, and shall not be
liable to any such person of whose claim they have not had notice
at the time of the conveyance or distribution; but nothing in this
subsection shall prejudice the right of any such person to follow
the property, or any property representing it, into the hands of any
person, other than a purchaser, who may have received it.
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(6) Where an adoption order is made in respect of a person who
has been previously adopted, the previous adoption shall be
disregarded for the purposes of this section in relation to the
devolution of any property on the death of a person dying intestate
after the date of the subsequent adoption order and in relation to
any disposition of property made after that date.
(7) For the purposes of any written law relating to marriage for
the time being in force in Malaysia or any part of it, an adopter
and the child whom he has been authorized to adopt under an
adoption order and all children and adopted children of the adopter
shall be deemed to be within the prohibited degree of consanguinity;
and this subsection shall continue to have effect notwithstanding
that some person other than the adopter is authorized by a subsequent
adoption order to adopt the same child.
(8) For the purposes of any written law for the time being in
force in Malaysia or any part of it relating to compensation to
families for loss occasioned by the death of a person caused by
actionable wrong, a person shall be deemed to be the parent or
child of the person deceased notwithstanding that he was only
related to him in consequence of adoption; and accordingly in
deducing any relationship which under such legislation is included
within the meaning of the expressions "parent" and "child" an
adopted child shall be treated as being the child of the adopter born
in lawful wedlock and not the child of any other person.
Jurisdiction
10. (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 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 Sessions Court Judge 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.
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(4) The Sessions Court Judge 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.
(5) An appeal shall lie to the Federal Court from any decision
of a Judge under this section.
Procedure
11. (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 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 application and documents.
Appointment of guardian ad litem: persons to be respondents
and service
12. (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 subsection
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.
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(3) As soon as the guardian ad litem has been appointed, the
Court shall fix a time for the hearing of the application, and shall
issue a notice in the prescribed form addressed to the respondents
and shall cause such notice to be served on each of them:
Provided that where the child is in the actual custody of any
person, such notice need not be served on the child, but may
require such person to produce the child to the Court.
(4) Any notice under this Act shall be served upon any respondent
to whom it is addressed either by delivering a copy to him personally,
or, with leave of the Court, by sending a copy by registered post
to his last known or usual place of residence, whether such place
of residence is in Malaysia or elsewhere.
Duties of guardian ad litem
13. (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 subsection 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;
(d) what insurance, if any, has been effected on the life of
the child;
(e) whether it is desirable for the welfare of the child that
the Court should be asked to make an interim order or,
in making an adoption order, to impose any particular
terms or conditions or to require the adopter to make any
particular provision for the child.
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(2) The guardian ad litem shall regard all information obtained
by him in the course of his investigation as confidential, and shall
not divulge any part of it to any other person except so far as may
be necessary for the proper execution of his duty.
Attendance before the Court of parties: power to dispense
14. (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 that respondent,
verified by a declaration purporting to be made before and signed
by a Magistrate or Commissioner for Oaths shall be prima facie
evidence of such consent.
(4) In the case of a joint application for an adoption order or
an interim order the Court may, if it thinks fit, dispense with the
personal attendance of one of the two spouses if his or her application
is verified by a declaration purporting to be made before and
signed by a Magistrate or Commissioner for Oaths.
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Power to examine parties separately
15.  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.
Notice of adjourned hearing
16.  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.
Power to make interim orders
17. (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 shall
be necessary to any interim order, but subject to a like power on
the part of the Court to dispense with any such consent.
(4) In assessing the period of probation to be given as in subsection
(1), the Court shall give due consideration to any period that the
child may have already spent in the custody of the applicants as
a result of a de facto adoption or otherwise.
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17
(5) During the probationary period the guardian ad litem of any
child in respect of whom an interim order has been made may at
any time apply to a Court for an order to remove a child from a
detrimental environment.
(6) An interim order shall not be made in any case where the
making of an adoption order would be unlawful under this Act.
Adoption order in respect of child previously adopted
18. (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 under the
previous or last previous adoption order shall be deemed to be the
parent of the child for all the purposes of this Act.
Procedure for determination of application
19.  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.
Power to remove child from unsatisfactory environment
20.  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.
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Costs
21.  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 of the order as the Court thinks proper.
Appeal
22.  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.
Preparation of interim and adoption orders
23. (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.
Transmission of order to Registrar General
24. (1) Upon the making of an adoption order the Registrar of the
Court shall, within seven days from the date of the order, 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.
Adopted Children Register
25. (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 by adoption orders,
but no other entries.
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(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.
(3) For the purposes of paragraph (2)(a)--
(a) where the precise date of the child's birth is not proved
to the satisfaction of the Court, the Court shall determine
the probable date of his birth and the date so determined
shall be specified in the order as the date of his birth;
(b) where the name or surname which the child is to bear
after the adoption differs from his original name or surname
the new name or surname shall be specified in the order
instead of the original; and
(c) where the country of the birth of the child is not proved
to the satisfaction of the Court, the particulars of that
country may, notwithstanding subsection 25(2), be omitted
from the order and from the entry in the Adopted Children
Register.
(4) Where upon any application for an adoption order in respect
of a child (not being a child who has previously been the subject
of an adoption order) there is proved to the satisfaction of the
Court the identity of the child with a child to which an entry in
the Registers of Births relates, any adoption order made in pursuance
of the application shall contain a direction to the Registrar General
to cause the entry in the Registers of Births to be marked with the
word "adopted".
(5) Where an adoption order is made in respect of a child who
has previously been the subject of an adoption order, the order
shall contain a direction to the Registrar General to cause the
previous entry in the Adopted Children Register to be marked with
the word "readopted".
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(6) Where an adoption order is quashed, or an appeal against
an adoption order allowed, the Court which made the order shall
give directions to the Registrar General to cancel any marking of
an entry in the Registers of Births and any entry in the Adopted
Children Register which was effected in pursuance of the order.
(7) (Deleted by Act A1098).
(8) A copy of any entry in the Registers of Births or the Adopted
Children Register the marking of which is cancelled under this
section shall be deemed to be an accurate copy if, and only if, both
the marking and the cancellation are omitted.
(9) The Court by which an adoption order has been made may,
on the application of the adopter or of the adopted person, amend
the order by the correction of any error in the particulars contained
in it; and where an adoption order is so amended the Registrar of
the Court shall cause the amendment to be communicated to the
Registrar General and any necessary correction of, or addition to,
the Adopted Children Register shall be made accordingly.
(10) (Deleted by Act A1098).
(11) (Deleted by Act A1098).
(12) The Registrar General shall, in addition to the Adopted
Children Register, keep such other registers, indexes and books
and make such entries as may be necessary to record and make
traceable the connection between any entry in the Register of
Births which has been marked "Adopted" pursuant to this Act and
any corresponding entry in the Adopted Children Register, but
such registers, indexes and books shall not be open to public
inspection or search, nor, except under an order of the Court, shall
the said Registrar General furnish any person with any information
contained in or with any copy or extract from any such registers,
indexes or books.
(13) The Registrar of the Court shall cause every adoption order
to be communicated in the prescribed manner to the Registrar
General and on receipt of such communication the Registrar General
shall cause compliance to be made with the directions contained
in the order both in regard to marking any entry in the Register
of Births with the word "adopted" or "readopted" and in regard
to making the appropriate entry in the Adopted Children Register.
Adoption
21
Certificate of Birth
25A. (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.
(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 under this
Act, the Registrar General shall issue a Certificate of Birth in
respect of the child--
(a) upon application being made by the adoptive parent or
either of the adoptive parents, or in the event of the
adoptive parent or both adoptive parents being dead, by
the adopted child, for a Certificate of Birth; and
(b) upon payment of the prescribed fee.
(4) Upon receipt of the Certificate of Birth under subsection
(3), the adoptive parent or either of the adoptive parents, or in the
event of the adoptive parent or both adoptive parents being dead,
the adopted child, shall cause the certified copy of an entry in the
Adopted Children Register issued in respect of the adopted child
to be surrendered to the Registrar General for cancellation.
(5) The Certificate of Birth issued under this Act pursuant to
an adoption order shall replace the Certificate of Birth of the child
issued under the Births and Deaths Registration Act 1957,and
shall for all purposes be known as the Certificate of Birth of the
child.
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ACT 257
Laws of Malaysia
(6) Notwithstanding anything to the contrary in any written
law, the Certificate of Birth under this Act, if given under the hand
of the Registrar General or any person authorized by him, shall
be received without further or other proof as evidence of the facts
and particulars relating to the birth of the child in respect of whom
the Certificate of Birth was issued.
(7) If the Certificate of Birth issued under this Act is lost,
damaged or defaced, the adoptive parent, or in the case of the
adoptive parent being dead, the adopted child, may apply to the
Registrar General or any person authorized by him for a copy of
the Certificate of Birth which, when issued, shall be marked with
the word "Replacement".
(8)
The Registrar General shall establish and maintain a register
to be
called the Register of Birth Certificates in which shall be
made
such entries pertaining to the issuance of a Certificate of
Birth
under this Act in respect of an adopted child.
(9) Any person may apply in the prescribed form to have a
search made of the Register of Birth Certificates upon payment of
the prescribed fee and to have the result of the search certified in
the prescribed form.
Restriction on advertisements
26. (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.
Adoption
23
Power of Director General of Social Welfare to delegate
27.  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.
Rules
28.  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.
Meaning of "child" in any written law relating to the distribution
of intestate estates
29.  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.
Repeal
30.  The Adoption of Children Ordinance of the Straits Settlements
[S.S. No. 18 of 1939] is repealed:
Provided that all register 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.
Act not to apply to Muslims
31.  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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ACT 257
Laws of Malaysia
FIRST SCHEDULE
[Subsection 25(2)]
FORM OF ENTRY TO BE MADE IN ADOPTED CHILDREN REGISTER
1
2
3
4
5
6
7
Signature of
officer
No. of  Date and  Name and  Sex
Name and
Date of
Date
deputed by
entry  country of  surname
of
surname,
adoption
of
Registrar
birth of
of child  child  address and
order and
entry
General to
child
occuption of
description of
attest the entry
adopter or
Court by
adopters
which made
Adoption
25
SECOND SCHEDULE
[Subsection 25A(2)]
JPN
GOVERNMENT OF MALAYSIA
BIRTH CERTIFICATE
Registration Area
Registration Centre
CHILD
Name
Date and Time of Birth
Sex
Place of Birth
Citizenship Status
FATHER
Name
Identity Card Number
Age
Type of and Other Document No.
Status of Residence
Religion
MOTHER
Name
Identity Card Number
Age
Type of and Other Document No.
Status of Residence
Religion
Place of Residence
Register No.:
It is certified that the above
Date of Registration:
information is correct
Register of Birth
Certificates No.:
Reference No.:
Serial No.:
...............................................
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ACT 257
Laws of Malaysia
LAWS OF MALAYSIA
Act 257
ADOPTION ACT 1952
LIST OF AMENDMENTS
Amending law
Short title
In force from
Ord. 35/1953
Adoption (Amendment) Ordinance
25-06-1953
1953
Ord. 18/1956
Adoption (Amendment) Ordinance
05-07-1956
1956
L.N. 75/1958
Notification under s. 3 of the Titles
27-02-1958
of Office Ordinance 1949
Act 91
Courts of Judicature Act 1964
16-03-1964
P.U. (A) 266/1972 Notification under s. 3 of the Titles
01-09-1972
of Office Ordinance 1949
Act 160
Malaysian Currency (Ringgit) Act
29-08-1975
1975
P.U. (A) 306/1982 Revision of Laws (Rectification of
24-12-1981
Adoption Act 1952) Order 1982
Act A671
Subordinate Courts (Amendment)
22-05-1987
Act 1987
Act A996
Interpretation (Amendment) Act
24-07-1997
1997
Act A1098
Adoption (Amendment) Act 2001
02-05-2001
Adoption
27
LAWS OF MALAYSIA
Act 257
ADOPTION ACT 1952
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
2
Act A996
24-07-1997
Act A1098
02-05-2001
10
Act A671
22-05-1987
12
Ord. 18/1956
05-07-1956
25
Act A1098
02-05-2001
Act A1098
02-05-2001
25A
26
Act 160
29-08-1975
First Schedule
Act A1098
02-05-2001
Second Schedule
Act A1098
02-05-2001
Throughout the Act
Act 91
16-03-1964
P.U. (A) 266/1972
01-09-1972
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA