Registration of Adoptions Act 1952

This Act shall apply to Peninsular Malaysia only.

Interpretation

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.

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;

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

the prescribed fees are paid.

The Registrar shall register an adoption by entering the particulars thereof in the register.

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

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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 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.

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

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 —

The Registrar shall not register any adoption in respect of any person or of any child not ordinarily resident in Peninsular Malaysia.

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].

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.

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.

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

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General and the register shall be amended by cancelling the registration of such adoption if the court so orders.

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.

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.

prescribing the fees to be charged under this Act;

prescribing the manner in which the Registrars shall exercise the powers conferred upon them by this Act;

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providing for the supply and custody of all registers and

Registrar’s note books kept under this Act and their disposal; and

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

Application 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:

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.

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.

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.

The child is ordinarily resident in Peninsular Malaysia and has never been married.

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.

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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;

I ……....… am by occupation ……....…… and am ordinarily resident in Peninsular Malaysia.

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.

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.]

guardian(s) of this child.

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,

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Interpreter

NOTES—