In Malaysia, a person may adopt a child under the Adoption Act 1952 or Registration of Adoptions Act 1952. The Adoption Act 1952 requires a formal application to court and is not applicable to Muslims. A welfare officer who is appointed as the child’s guardian ad litem shall be required to investigate the circumstances of the child and the adoptive parents and to prepare a report supporting the adoption application. The application concludes with a court order allowing the adoption. Once the adoption order is granted, the adoption order will be sealed and a copy will be sent to the National Registration Department (“NRD”). The NRD will then re-issue a birth certificate to the adopted child without the words “adopted” or “adoption” appearing on the new birth certificate.
An adoption under the Registration of Adoptions Act 1952, which is commonly known as “departmental adoption”, does not go through the Malaysian courts. Instead, an application is made to and processed by the National Registration Department. The Registrar General of Adoptions has the power to allow the adoption application upon inquiries and interviews conducted by the welfare officer. Upon the adoption application being allowed, an entry will be made in the Register of Adoptions. The NRD will not issue a new birth certificate for the adopted child, instead, a certificate of adoption will be issued.
We have extensive experience in providing representation and legal advisory services to individuals who are interested to adopt children both under the Registration of Adoptions Act 1952 and Adoption Act 1952.
- Advising and assisting parents in adopting children who are born either to Malaysian parents or non-Malaysian parents
- Advising and assisting parents in registering the birth of the child via the late registration process under the Births and Deaths Registration Act 1957
- Representing parents in court to legalise the adoption of the child
- Assisting parents and the court in contacting the child’s biological parents
- Liaising with the welfare officer and providing them with the necessary information and documents in support of an adoption application
- Advising parents on how to best prepare for the home visit by the welfare officer
- Contacting and liaising with the National Registration Department in the issuance of the child’s post-adoption birth certificate after the adoption order is granted
- Providing legal opinions on the laws of adoption in Malaysia to non-Malaysian parents who wish to obtain foreign citizenship for the child
- Advised and represented both Malaysian and non-Malaysian parents in court during the adoption proceedings. The adoption process includes obtaining an interim court order to dispense the attendance of the child’s biological parents during the court proceedings and obtaining the adoption order for the child
- Liaised with the NRD for the reissuance of the child’s post-adoption birth certificate
- Provided legal advice to the New Zealand Immigration and United Kingdom Visa and Immigration Department on the Malaysian adoption and citizenship process and the effect of statelessness in Malaysia, in support of the application for citizenship of the children adopted in Malaysia
- Assisted in obtaining the child’s birth certificate via the late birth registration process
Reviews & Testimonials
- “We engaged MahWengKwai & Associates for our adoption and we’re very pleased with their service. They are a fantastic law firm that is well versed with the system and legal procedures involved in the long and complex process. Jasmine Wong, who was our lawyer was just a delight to work with! She was always prompt with her communication, proactive, always ready to help and above all, she really cares! I highly recommend MahWengKwai & Associates and would not hesitate to use them again.” – J N Yang, New Zealand
- “Jasmine has been very helpful and patient with my enquiries and I thank her for her professionalism and understanding of my case.” – Mr K, Selangor
- “We would like to extend our deepest gratitude to MahWengKwai & Associates who we have engaged for the adoption of our little girl. Despite the obstacles and hurdles faced, Jasmine Wong was very efficient and professional in advising and assisting us. We highly recommend Jasmine and MWKA for their professional legal services.” – Alan and Lexie Knowles
- “My family members are very grateful to your legal firm, MahWengKwai & Associates, especially Ms Jasmine for her professionalism in handling all the legal matters pertaining to our adopted child who was stateless. Your legal firm assisted in the adoption application and our child successfully obtained her Birth Certificate in September 2017.
As for the citizenship application, we also went through the application for judicial review in the High Court. Your firm is very professional and efficient in handling all the court matters and with the correspondence with the Ministry of Home Affairs. Our child eventually was registered by the Ministry of Home Affairs as a Malaysian citizen in November 2019, taking only 28 months for the entire process. Now our daughter has an Identity Card issued by the JPN.
Once again, we express our utmost appreciation and thanks to you, Miss Jasmine and your hard work in representing us in this matter. We would STRONGLY recommend MahWengKwai & Associates to anyone to engage their excellent services.” – Mr & Mrs Tan Seong Lye, Bukit Mertajam, Penang
- “We are deeply appreciative and happy with the services provided by your team of competent, responsible and reliable staff, particularly Raymond Mah and Jasmine Wong. We will not hesitate to recommend your excellent services to others.” – Mr & Mrs C, Selangor
- “I would like to extend my sincerest appreciation to MahWengKwai & Associates, particularly to Ms Jasmine Wong, Mr Eric Toh and Ms Liow Pei Xia. For the adoption of our two little girls, not only did they deliver what they promised in a professional and timely manner, they also went out of their way to cater to our needs. We are very thankful to have their support especially in certain aspects of the cases when it got quite challenging. We have recommended them to many of our friends as a result. ” – Wini and Tim Heron