Registration of Adoptions
1
LAWS OF MALAYSIA
REPRINT
Act 253
REGISTRATION OF ADOPTIONS
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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REGISTRATION OF ADOPTIONS ACT 1952
First enacted
... ... ... ... ... ...
1952 (F.M. Ordinance
No. 54 of 1952)
Revised
... ... ... ... ... ... ...
1981 (Act 253 w.e.f
17 September 1981)
PREVIOUS REPRINT
First Reprint
...
...
...
...
...
2001
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LAWS OF MALAYSIA
Act 253
REGISTRATION OF ADOPTIONS ACT 1952
ARRANGEMENT OF SECTIONS
Section
1.
Short title and application
2.
Interpretation
3.
The Registrar General
4.
Appointment of Registrars of Adoption
5.
Registrar's Register and note book
6.
Registration of de facto adoptions
7.
Copies of registration to be delivered to applicant
8.
Parties and witnesses bound to speak the truth
9.
Powers of Registrar
10.
Refusal of registration
11.
Validity of an adoption not affected by registration or non-registration
12.
Search for and certified copy of entry in adoption registers
13.
Amendment of register
14.
Offences and penalties
15.
Registrars to be public servants
16.
Rules
FIRST SCHEDULE
SECOND SCHEDULE
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Laws of Malaysia
Registration of Adoptions
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LAWS OF MALAYSIA
Act 253
REGISTRATION OF ADOPTIONS ACT 1952
An Act to provide for the registration of adoptions.
[1 January 1955, L.N. 732/1954]
Short title and application
1. (1) This Act may be cited as the Registration of Adoptions
Act 1952.
(2) This Act shall apply to Peninsular Malaysia only.
Interpretation
2. In this Act, unless the context otherwise requires--
"guardian" means the person having the legal right to the custody
of the child;
"Peninsular Malaysia" has the meaning assigned thereto in section
3 of the Interpretation Acts 1948 and 1967 [Act 388], and includes
the Federal Territory;
"Registrar" means a Registrar of Adoptions appointed under
section 4 and includes a Deputy Registrar;
" R e g i s t r a r 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];
The Registrar General
3. The Registrar General shall have general charge and supervision
of all registers of adoptions kept under this Act and all Registrars
of Adoptions shall be subject to his directions for the purposes of
this Act.
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Appointment of Registrars of Adoption
4. (1) The Yang di-Pertuan Agong may appoint by name or office
so many public officers or employees of the Commissioner appointed
under *section 4 of the Federal Capital Act 1960 [Act 190] as he
thinks fit to be Registrars of Adoptions for the Federal Territory
or for such area as may be specified in the appointment for the
purposes of this Act or to be and to act as the Deputy of any such
Registrar when such Registrar is absent from the Federal Territory
or area or is ill or when his office is temporarily vacant.
(2) The Ruler or Yang di-Pertua Negeri in a state may appoint
so many public officers, by name or by office, to be Registrars of
Adoptions for the State or for such area as may be specified in the
appointment for the purposes of this Act or to be and to act as the
Deputy of any such Registrar when such Registrar is absent from
such State or area or is ill or when his office is temporarily vacant.
Registrar's Register and note book
5.  Every Registrar appointed under this Act shall keep a register
in the form in the Second Schedule and he shall enter therein the
particulars to be registered concerning the adoption and he shall
also keep a book to be called the Registrar's note book in which
he shall record in his own hand all proceedings in respect of the
registration of any adoption, the details of the identity of the
adopted child, the name of the person adopting it, the name of the
person, if any, consenting to the adoption and all evidence taken
by him in any such proceeding under this Act.
Registration of de facto adoptions
6. (1) Where at the date when application for registration is
made any child under the age of eighteen years who has never
been married 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 their own child under any de facto adoption, and has
f o r a period of not less than two years continuously and
immediately before the date of such application been in such
*NOTE--This section was referred to as section 3 of Act 190 prior to revision in 1977.
Registration of Adoptions
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custody and has been so brought up, maintained and educated, the
Registrar may, upon the application, in the form in the First Schedule,
of such person or spouses, register the adoption if--
(a) such person or spouses and the child shall appear before
the Registrar and shall produce to the Registrar such
evidence either oral or documentary as may satisfy the
Registrar that such adoption took place;
(b) the parents or one of the parents, or, if both the parents
are dead or if neither of the parents is within Peninsular
Malaysia, any guardian of the child shall appear before
the Registrar and express consent to the adoption:
Provided that if the Registrar is satisfied that in all the
circumstances of the case it is just and equitable and for
the welfare of the child he may dispense with the consent
of any parent or custodian of the child or with the appearance
of any parent or custodian who shall have signified his
consent by statutory declaration; and
(c) the prescribed fees are paid.
(2) The Registrar shall register an adoption by entering the
particulars thereof in the register.
Copies of registration to be delivered to applicant
7. (1) Upon the registration of an adoption in accordance with
section 6 a certified copy of the entry in the register signed by the
Registrar shall be delivered or sent to the person or spouses who
applied for such registration, and a certified copy of the entry in
the register shall be sent, within such period as may be prescribed,
to the Registrar General; and all such certified copies shall constitute
the adoption register of the Registrar General.
(2) If the particulars contained in a certified copy of the entry
in the register in respect of any adoption, upon being forwarded
to the Registrar General in accordance with subsection (1), appear
to the Registrar General to be identical with those of an adoption
the registration of which has been cancelled in accordance with
this Act, he shall return the said certified copy to the Registrar by
whom it was sent together with particulars of the adoption the
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registration of which has been cancelled and the said Registrar
shall thereupon call upon the parties to show cause why the registration
of the said adoption should not be cancelled and if the parties fail
to show cause the Registrar shall cancel the registration of the said
adoption.
Parties and witnesses bound to speak the truth
8. (1) Every person who gives evidence before the Registrar shall
be bound to state the truth and to answer truthfully all questions
which the Registrar may put to him.
(2) Any person who gives any evidence in any enquiry under
this Act which he knows to be untrue, or who does any other act,
which if done in a judicial proceeding would be punishable under
Chapter XI of the Penal Code [Act 574], shall be punishable on
conviction as provided in that Chapter in the same way as if the
act had been done in or in relation to a judicial proceeding.
Powers of Registrar
9.  For the purposes of this Act every Registrar appointed under
this Act shall have all the powers of a First Class Magistrate for
the summoning and examination of witnesses and the administration
of oaths and affirmations.
Refusal of registration
10. (1) If the Registrar is not satisfied of the truth of any statement
made to him he may refuse to register the adoption or if he requires
evidence with regard to any particulars required to be registered
he may postpone registration and he may call for any further
evidence that he thinks necessary:
Provided that the Registrar shall record in the Registrar's note
book his reasons for any such refusal or postponement.
(2) The Registrar shall not register any adoption unless the
person applying for registration, or in the case of an application
by two spouses, one of the spouses--
(a) has attained the age of twenty-five years and is at least
eighteen years older than the child in respect of whom
the application is made;
Registration of Adoptions
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(b) has attained the age of twenty-one years and is a brother,
sister, uncle or aunt, whether by consanguinity or affinity,
of the child, or, if the child is illegitimate, a person who
would be so related if the child were legitimate; or
(c) is the mother or father of the child.
(3) The Registrar shall not register any adoption in respect of
any person or of any child not ordinarily resident in Peninsular
Malaysia.
(4) The Registrar shall not register any adoption in respect of
any child who has been the subject of an adoption order made in
accordance with the Adoption Act 1952 [Act 257].
(5) There shall be no appeal from the cancellation by a Registrar
of the registration of an adoption or from the refusal of a Registrar
to register an adoption, but such refusal shall not debar the same
or another Registrar from registering it if subsequently satisfied
that the grounds for his refusal to register either did not exist or
have since been removed.
Validity of an adoption not affected by registration or non-
registration
11.  Neither the registration of nor the omission to register any
adoption shall affect the validity of the adoption; and, provided
that the identity of the adopted child, the person who adopted it
and the consenting parties are established with reasonable certainty
by the particulars recorded in the Registrar's note book, no error
in the particulars recorded in the Register nor any omission to
record any particular which ought to have been recorded shall
affect the validity of the registration of the adoption.
Search for and certified copy of entry in adoption registers
12. (1) The Registrar General and every Registrar shall cause
indices to be made of the registers of adoptions kept by them, and
any person upon application to the Registrar General or a Registrar,
and upon payment of the prescribed fee shall be entitled to have
a search made in the adoption register and index thereof, and to
have a certified copy of any entry in such register.
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(2) Every certified copy of any entry in a register of adoptions,
if such copy purports to be signed by any person entrusted under
this Act with the custody of any register of adoptions, shall be
received for all purposes and in all courts as evidence of the
adoption to which it relates, and, where the entry contains a record
of the date of the birth of that adopted child, shall be received not
only as evidence of the adoption but also as evidence of the date
of the birth of the adopted child, without further proof of such
register or of any entry therein or of such signature, but not of the
validity of such adoption: but a court may, in the absence of any
evidence to the contrary, presume any adoption so registered to
have been valid and the onus of proving that there was no such
valid adoption shall be on the person alleging the same.
Amendment of register
13. (1) Any Registrar having custody of a register in which an
adoption has been registered in accordance with this Act may, on
application in the prescribed manner and on payment of the prescribed
fee by the person or spouses who applied for such registration or
by the child, amend the register by the correction of any error in
the particulars contained therein; and where an entry in the register
is so amended a certified copy of the amended entry in the register
signed by the Registrar shall be delivered or sent to the person or
spouses or to the child and a certified copy of the amended entry
in the register shall be sent, within such period as may be prescribed,
to the Registrar General.
(2) The Attorney General may apply to a Sessions Court to
cancel the registration of any adoption in such manner as may be
provided by rules made under the Rules Committee and the court
shall send a copy of the order made in every such application to
the Registrar by whom such adoption was registered and to the
Registrar General and the register shall be amended by cancelling
the registration of such adoption if the court so orders.
(3) Where in any proceedings it appears to a court not below
the court of a First Class Magistrate that an adoption registered
in accordance with this Act is invalid and the court so orders, a
copy of the said order shall be sent to the Registrar by whom such
adoption was registered and to the Registrar General and the register
shall be amended by cancelling the registration of such adoption.
Registration of Adoptions
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(4) Any person, whether or not a party to the proceedings, who
is aggrieved by any decision of a court under subsection (2) or (3)
may appeal to the High Court or to the Federal Court (as the case
may be) and from the High Court to the Federal Court, in such
manner as may be provided by rules made under the Rules Committee.
Offences and penalties
14.  Any person who forges any entry in any register kept or any
certified copy of any entry therein given under this Act or who
fraudulently or dishonestly uses as genuine any such certified copy
which he knows or has reason to believe to be forged, shall be
punishable on conviction with the penalty provided in section 466
of the Penal Code for offences punishable under that section or
under section 471 of the Penal Code, as the case may be.
Registrars to be public servants
15.  Every Registrar appointed under this Act shall be deemed to
be a public servant within the meaning of the Penal Code.
Rules
16.  The Rules Committee may make rules for the purposes of
this Act and, without prejudice to the generality of the foregoing
provision, may in particular make rules--
(a) prescribing the fees to be charged under this Act;
(b) prescribing the manner in which the Registrars shall exercise
the powers conferred upon them by this Act;
(c) providing for the supply and custody of all registers and
Registrar's note books kept under this Act and their disposal;
and
(d) generally for carrying out the purposes of this Act.
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FIRST SCHEDULE
[Section 6]
Registration of Adoptions Act 1952
APPLICATION FOR THE REGISTRATION OF AN ADOPTION
A p p l i c a t i o n for the registration of the adoption of a child named (i)
...................................... formerly (ii) ........................
I, the undersigned ........................ born in ........................ race ........................
religion (if any) ........................ ordinarily resident at........................
And I, the undersigned ........................ his/her wife/husband born in
........................ race ........................ religion (if any) ........................ ordinarily
resident at ........................ hereby state:
(1) I am/We are desirous that the adoption of ............... a child of the
......... sex, and of the............ race, and ................ religion (if
any) ordinarily resident at ............................ hereinafter called "the
child" be registered under the Registration of Adoptions Act 1952.
(2) The father of the child is ................ race ................ religion (if
any) ................ born in ................ and now resident at ................
whose written consent is appended hereto; and the mother of the child
is ................ race ................ religion (if any) ................ born in
................ and now resident at ................ whose written consent
to the adoption is appended hereto.
(3) The child was born on the .......... day of ............... 20 ......... and
is (a) identical with the child to whom the attached certified copy of
an entry in the Register of Births relates; or (b) is identical with the
child to whom the attached statutory declaration relates.
(4) The child is ordinarily resident in Peninsular Malaysia and has never
been married.
(5) The child was on .......... day of ............................ 20 .......... in
my/our custody, and being brought up, maintained and educated by
me/us as my/our own child and has been in my/our custody and so
maintained and educated from that date onwards.
(6) The guardian of the child is ................ of the ................ race
................ and religion (if any) ................ born in ................
now resident at ................ whose written consent to the adoption
is appended hereto;
(7) I ................ am by occupation ................ and am ordinarily resident
in Peninsular Malaysia.
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(8) I am/We are not under 25 years of age, being of the age of ................
years, and am/are not less than 18 years older than the child and am/
are a fit and proper person(s) to maintain and bring up the child
suitably.
(9) I am/We are not under 21 years of age, being of the age of ................
years, and are related to the child, being ................
[Delete whichever is inapplicable.]
(10) (a) I/We have not agreed to make any payments to the parent(s)/
guardian(s) of this child.
(b) I/We have agreed to give remuneration to the parent(s)/guardian
as under ................
(c) I/We have not received or agreed to receive any payment or other
reward in consideration of the adoption of this child except
................
(11) I/We have/have not made previous application under the said Act in
respect of the child to any Registrar.
I do/We do each of us severally solemnly and sincerely declare that the particulars
contained in this application are true and I/We each of us severally make this
solemn declaration conscientiously believing the same to be true and by virtue
of the provisions of the Statutory Declarations Act 1960 [Act 13].
!
Subscribed and solemnly declared by
"
the above-named ................ at
"
"
.......................... in the State
.....................................
#
"
of ........................ this ......... day
Signature of Applicant(s)
"
of 20..........
"
$
Before me,
................................
Registrar of Adoptions
Interpreted by me and signed in my presence,
Interpreter
NOTES--
(i) Insert name by which the child is to be known.
(ii) Delete where there is no change of name. Where there is change of
name insert former name, including surname.
(iii) Where the application is made by two spouses jointly the form should
be modified, and where the form requires particulars of the applicant
to be given, particulars should be given as regards each of the persons
by whom the application is made.
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(iv) Insert name or names by which the child is to be known.
(v) Where a parent of the child is dead the parent's name should be given
and the fact stated.
(vi) If a written consent is not appended the form should be modified so
as to indicate that the applicant desires the Registrar to dispense with
the consent of the person or body concerned.
(vii) A certified copy of the entry of the child's birth in the Register of
Births is required to be appended to the application in all cases where
it can be obtained, or failing this, an affidavit certifying the age and
place of birth of the child.
(viii) This form is required to be completed in duplicate but the documents
appended are not required to be in duplicate.
(ix) There should be inserted here any gifts made or received by the
applicant, parent or guardian or any other interested party.
(x) If a previous application has been made, full particulars thereof must
be given.
SECOND SCHEDULE
[Section 5]
FORM OF ENTRY IN REGISTRATION OF ADOPTIONS REGISTER
Date and
Adoptive
Name and
Date and
place and
name and
surname, full
place of
country of
surname
address and
registration
birth of child
of child
occupation of
of adoption
adopter(s)
and name
of Registrar
Registration of Adoptions
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LAWS OF MALAYSIA
Act 253
REGISTRATION OF ADOPTIONS ACT 1952
LIST OF AMENDMENTS
Amending law
Short title
In force from
Ord. 47/1957
Registration of Adoptions
27-08-1957
(Amendment) Ordinance 1957
Ord. 10/1958
Registration of Adoptions
01-06-1958
(Amendment) Ordinance 1958
L.N. 332/1958
Federal Constitution
13-11-1958
(Modification of Laws)
(Ordinances and Proclamations)
Order 1958
Act 91
Courts of Judicature Act 1964
16-03-1964
Act A354
Constitution (Amendment)
27-08-1976
Act 1976
P.U. (A) 133/1982
Revision of Laws (Registration of
17-09-1981
Adoptions Act 1952) Order 1982
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LAWS OF MALAYSIA
Act 253
REGISTRATION OF ADOPTIONS ACT 1952
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
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