Registration of Adoptions Act 1952 (Act 253) and Rules & Adoption Act 1952 (Act 257) and Rules [As at 15th October 2022]

The Registration of Adoptions Act 1952 (Act 253) and Rules and Adoption Act 1952 (Act 257) and Rules are laws that govern adoption procedures in Malaysia. These laws are designed to ensure that the welfare and interests of children are protected during the adoption process. Here are the details of these laws:

Registration of Adoptions Act 1952 (Act 253) and Rules:

1. Purpose: The Registration of Adoptions Act 1952 (Act 253) provides for the registration of adoption orders and the issuance of adoption certificates.

2. Definition: The act defines adoption as the process by which a person legally takes another person as his or her child and severs the legal relationship between the child and his or her biological parents.

3. Eligibility: To be eligible to adopt a child, the person must be at least 25 years old and at least 21 years older than the child being adopted. Married couples must adopt jointly unless one spouse has already adopted the child.

4. Procedure: The adoption procedure involves the filing of an adoption petition with the Registrar of Adoptions. The petition must contain information about the adoptive parents, the child being adopted, and the biological parents if known. The court will then consider the petition and make an adoption order if it is satisfied that the adoption is in the best interests of the child.

5. Adoption Certificate: Once the adoption order is made, the Registrar of Adoptions will issue an adoption certificate to the adoptive parents. The certificate will include the name and birth details of the child and the names of the adoptive parents.

Adoption Act 1952 (Act 257) and Rules:

1. Purpose: The Adoption Act 1952 (Act 257) provides for the adoption of children whose parents are unknown or who have been abandoned. The act aims to ensure that these children are placed in a suitable and loving home.

2. Definition: The act defines an abandoned child as a child who has been deserted or who has been in the care of a person other than his or her parent for a continuous period of not less than three months.

3. Procedure: The adoption procedure involves the filing of an adoption petition with the court. The petition must contain information about the child being adopted and the adoptive parents. The court will then consider the petition and make an adoption order if it is satisfied that the adoption is in the best interests of the child.

4. Eligibility: The act states that any person may adopt an abandoned child, subject to certain conditions. The person must be at least 25 years old and at least 21 years older than the child being adopted. The person must also be of sound mind and not be disqualified under any law from adopting a child.

5. Adoption Order: Once the adoption order is made, the adoptive parents become the legal parents of the child, and the child's biological parents lose all legal rights and responsibilities. The adoption order also severs the legal relationship between the child and his or her biological parents.

Both Acts and Rules are crucial in ensuring the welfare and best interests of the child are taken care of during the adoption process.