Section 16 — REGISTRATION OF ADOPTIONS ACT 1952

(a)

prescribing the fees to be charged under this Act;

(b)

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

12 Laws of Malaysia ACT 253

(c)

providing for the supply and custody of all registers and

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

(d)

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:

(1)

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.

(2)

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.

(3)

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.

(4)

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

(5)

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.

Registration of Adoption 13

(6)

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;

(7)

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

(8)

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.

(9)

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.]

(10)

(a)

I/We have not agreed to make any payments to the parent(s)/

guardian(s) of this child.

(b)

I/We have agreed to give remuneration to the parent(s)/guardian as under ……....……..

(c)

I/We have not received or agreed to receive any payment or other reward in consideration of the adoption of this child except……..

(11)

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,

14 Laws of Malaysia ACT 253

Interpreter

NOTES—

(i)

Insert name by which the child is to be known.

(ii)

Delete where there is no change of name. Where there is change of name insert former name, including surname.

(iii)

Where the application is made by two spouses jointly the form should be modified, and where the form requires particulars of the applicant to be given, particulars should be given as regards each of the persons by whom the application is made.

(iv)

Insert name or names by which the child is to be known.

(v)

Where a parent of the child is dead the parent’s name should be given and the fact stated.

(vi)

If a written consent is not appended the form should be modified so as to indicate that the applicant desires the Registrar to dispense with the consent of the person or body concerned.

(vii)

A certified copy of the entry of the child’s birth in the Register of

Births is required to be appended to the application in all cases where it can be obtained, or failing this, an affidavit certifying the age and place of birth of the child.

(viii)

This form is required to be completed in duplicate but the documents appended are not required to be in duplicate.

(ix)

There should be inserted here any gifts made or received by the applicant, parent or guardian or any other interested party.

(x)

If a previous application has been made, full particulars thereof must be given.

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Registration of Adoption 15

SECOND SCHEDULE

[Section 5]

FORM OF ENTRY IN REGISTRATION OF ADOPTIONS REGISTER

No. of

Entry

Date and place and country of birth of child

Adoptive name and surname of child

Sex of child

Name and surname, full address and occupation of adopter (s)

Date and place of registration of adoption and name of

Registrar

Signature of

Registrar

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16

Act 253

LIST OF AMENDMENTS

Amending law

Short title

In force from

Ord. 47/1957

Ord. 10/1958

L.N. 332/1958

Act 91

Act A354

P.U.(A) 133/1982

Registration of Adoptions

(Amendment) Ordinance 1957

Registration of Adoptions

(Amendment) Ordinance 1958

Federal Constitution (Modification

Of Laws) (Ordinance and

Proclamations) Order 1958

Courts of Judicature Act 1964

Constitution (Amendment)

Act 1976

Revision of Laws (Registration of

Adoptions Act 1952) Order 1982

27-08-1957

01-06-1958

13-11-1958

16-03-1964

27-08-1976

17-09-1981

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17

Act 253

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from-NIL-

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