An Article Review on Protection of Rights of Adopted Children in Relation to Duties of

Adoptive Parents Under the Law in Malaysia.

The article Protection of Rights of Adopted Children in Relation to Duties of Adoptive Parents
Under the Law in Malaysia, was written by Azizah Mohd of International Islamic University
Malaysia. This article discussed mainly on the law and practice of adoption in Malaysia, with
highlight on how it serves as one of the means of child protection.

The author embarked on the article with a general discussion on Childs Act 2001. The
Act provides that there are five categories of children protected under the Child Act 2001 which
are children in need of care and protection, children in need of protection and rehabilitation,
children beyond control, trafficking and abduction of children and children who commit criminal
offence. The author also pointed out that the Child Act 2001 provides for the power of the Court
for Children to place of a child in need of care and protection (in particular a child who has no
parent or guardian or has been abandoned).

Next, the author wrote on adoption under the Department of Social Welfare Malaysia
(DOSW) and its procedures. It was explained that in practice, the DOSW organizes adoption of
children especially those who are in childrens or welfare homes, in which the residents include
abandoned children, children from poor families, children who are abused, and orphans. The
interested party who would like to adopt the child under the custody of the DOSW must comply
with certain procedures and fulfill specific conditions. Until the adopted child is fully recognized
or registered under the law, an officer from the district or state of the DOSW will be in charge to
care for the welfare of the adopted child. This role played by the DOSW in adoption also
enhances the fact that adoption is very significant in protecting children in Malaysia.

The author next touched on the specific laws on adoption in Malaysia. She mentioned
that Malaysia is practicing a dual legal system, one of which is the Civil law and the other is
Islamic law in order to accommodate its people the majority of which are Muslims and non-
Muslims. With regards to adoption which falls under personal law of the people, there are two
laws that govern the matter in Malaysia; Adoption Act 1952 and Registration of Adoptions Act
1952. Based on these laws, there are two kinds of adoption that are recognized in Malaysia. The
first one is adoption that affects the status of adopted child, which is to take a child of another as
ones own child. Secondly, adoption that does not affect the status of adopted child, which is to
take the child of another in ones care and custody without affecting the status of the child own
child. As regards to the nature of adoption, it involves new placement of a child where the child
will be placed with a new family permanently. The responsibilities of the biological parents will
also shift to the adoptive parents.

Next, the author discussed on the Adoption Act 1952. The Act provides for a legal
adoption through a Court order where the Court will have the power to make adoption orders
upon an application being made. The Act also further imposes the requirement of consent from
the parent or guardian of the child or from the person who has contributed to the support of the
child before adoption.

This is due to the fact that, in the making of an adoption order, paramount regard is the
need to safeguard and promote the welfare of the child. The Act also allows the Court to
dispense with consent on reasonable grounds such as where the child was abandoned or where
the child is neglected or persistently ill-treated by the parent or guardian. The Act further
requires the applicant to prove that the child has been continuously in his care and possession.
The period of care and possession is meant as a trial or probationary period of the growth of
mutual familiarity. After the adoption process is completed and its registration is fully affected,
the adopted child will stand in the same footing with the natural children of the adoptive parents.

The author next discusses on the Registration of Adoption Act 1952. According to her,
the RAA basically provides for registration of a de facto adoption including customary adoptions
and includes as well situation where a child is in the custody of a person, being brought up,
maintained and educated by him as his own child for a period of not less than two years
continuously. The effect of the adoption under the RAA seems to comply with the concept of
adoption recognized under Islamic Law. This is because as oppose to the Adoption Act, adoption
under the Registration of Adoption Act is a mere registration for a legal adoption so as to prove
that an adoption has taken place. A child who is adopted under the RAA shall not gain the same
status as the natural child of the adoptive parents in terms of his parentage and right to
succession of the adoptive parents property after their death as given.

The existence of these two specific laws on adoption, according to the author, actually
describes the importance of adoption in Malaysia as one of the means to protect children. In
order to make sure that children are fully protected through adoption, government of Malaysia
has come out with different law and policy with a view to balance with the need and preference
of the adopters.

The author then discussed on the other law that governs Muslims in adoption which is the
Shariah. Under the Shariah, Islam has laid down clear rules as to anyone who wishes to help a
child in adoption, i.e. one of the rules is that the adopter should not change the adoptees natural
lineage.

The author then concluded her article by stating that the law and policy on adoption in
Malaysia are adequate as they are able to accommodate both Muslims and non-Muslims in
adoption. She then went further to suggest that provision governing adoption especially that is
done under the Registration of Adoption Act 1982, should extend to detailed outline of the
adopted child rights and duties of the adoptive parents once an adoption is affected or registered.
For Muslims, the author urged for a new act on muslim adoption will provide details on proper
guidelines for a Muslim to adopt a child in line with the Islamic teaching (Shariah).