Adoption for Non-Muslims
Legal Framework:
Non-Muslims typically adopt under the Adoption Act 1952, which involves court proceedings. The process requires filing an adoption petition at the High Court or Sessions Court, where the court appoints a guardian ad litem to assess the suitability of the adoptive parents and the welfare of the child.
Requirements for Adoptive Parents:
The adoptive parents must be at least 25 years old or 21 years older than the child.
They must be residents of Peninsular Malaysia.
If applying jointly, the parents must be married. Single male applicants are generally not allowed to adopt female children unless special circumstances justify an exception.
The child must have been in their care for at least three months before applying.
Consent and Welfare:
The biological parents' consent is usually required, but the court can waive this if the child is abandoned, neglected, or if consent is unreasonably withheld. The primary consideration is the child's welfare, and financial incentives for adoption are strictly prohibited.
Effects of Adoption:
Adoption under this Act confers the same rights and responsibilities as a natural child, including inheritance rights from the adoptive parents. Once adopted, the child’s legal ties to their biological parents are severed.
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