Malaysia legislation

Section 25

of *ADOPTION ACT 1952

Section 25

(2)

Every adoption order shall contain a direction to the Registrar

General—

(a)

to make in the Adopted Children Register an entry recording the adoption in the form set out in the First

Schedule and, subject to subsection (3), shall specify the particulars to be entered under the headings in columns 2

to 6 of the Schedule; and

(b)

to issue in respect of the adopted child a Certificate of

Birth under this Act.

(3)

For the purposes of paragraph (2)(a)—

(a)

where the precise date of the child’s birth is not proved to the satisfaction of the Court, the Court shall determine the

Adoption 23

probable date of his birth and the date so determined shall be specified in the order as the date of his birth;

(b)

where the name or surname which the child is to bear after the adoption differs from his original name or surname the new name or surname shall be specified in the order instead of the original; and

(c)

where the country of the birth of the child is not proved to the satisfaction of the Court, the particulars of that country may, notwithstanding subsection 25(2), be omitted from the order and from the entry in the Adopted Children

Register.

(4)

Where upon any application for an adoption order in respect of a child (not being a child who has previously been the subject of an adoption order) there is proved to the satisfaction of the Court the identity of the child with a child to which an entry in the Registers of

Births relates, any adoption order made in pursuance of the application shall contain a direction to the Registrar General to cause the entry in the Registers of Births to be marked with the word

“adopted”.

(5)

Where an adoption order is made in respect of a child who has previously been the subject of an adoption order, the order shall contain a direction to the Registrar General to cause the previous entry in the Adopted Children Register to be marked with the word

“readopted”.

(6)

Where an adoption order is quashed, or an appeal against an adoption order allowed, the Court which made the order shall give directions to the Registrar General to cancel any marking of an entry in the Registers of Births and any entry in the Adopted Children

Register which was effected in pursuance of the order.

24 Laws of Malaysia ACT 257

(7)

(Deleted by Act A1098).

(8)

A copy of any entry in the Registers of Births or the Adopted

Children Register the marking of which is cancelled under this section shall be deemed to be an accurate copy if, and only if, both the marking and the cancellation are omitted.

(9)

The Court by which an adoption order has been made may, on the application of the adopter or of the adopted person, amend the order by the correction of any error in the particulars contained in it;

and where an adoption order is so amended the Registrar of the Court shall cause the amendment to be communicated to the Registrar

General and any necessary correction of, or addition to, the Adopted

Children Register shall be made accordingly.

(10)

(Deleted by Act A1098).

(11)

(Deleted by Act A1098).

(12)

The Registrar General shall, in addition to the Adopted

Children Register, keep such other registers, indexes and books and make such entries as may be necessary to record and make traceable the connection between any entry in the Register of Births which has been marked “Adopted” pursuant to this Act and any corresponding entry in the Adopted Children Register, but such registers, indexes and books shall not be open to public inspection or search, nor, except under an order of the Court, shall the said Registrar General furnish any person with any information contained in or with any copy or extract from any such registers, indexes or books.

(13)

The Registrar of the Court shall cause every adoption order to be communicated in the prescribed manner to the Registrar

General and on receipt of such communication the Registrar General shall cause compliance to be made with the directions contained in the order both in regard to marking any entry in the Register of Births

Adoption 25

with the word “adopted” or “readopted” and in regard to making the appropriate entry in the Adopted Children Register.

Certificate of Birth

Section 25 — AKTA PENGANGKATAN 1952 | mylaw.my