Malaysia legislation
Section 5
Section 5
(a)
in the case of a parent or guardian of the child, that he has abandoned, neglected or persistently ill-treated the child;
(b)
in the case of a person liable to contribute to the support of the child, that he has persistently neglected or refused so to contribute;
(c)
in any case, that the person whose consent is required cannot be found or is incapable of giving his consent or that his consent is unreasonably withheld; or
(d)
in any case, that in accordance with any written law relating to the adoption of children for the time being in force in any country any competent authority has given permission or granted a licence authorizing the care and possession of the child to be transferred to the applicant.
(2)
The Court may dispense with the consent of the spouse of an applicant for an adoption order if satisfied that the person whose consent is to be dispensed with cannot be found or is incapable of giving such consent or that the spouses have separated and are living apart and that the separation is likely to be permanent.
(3)
The consent of any person to the making of an adoption order in pursuance of an application (not being the consent of the child)
may be given (either unconditionally or subject to conditions with respect to the religion in which the child is to be brought up) without knowing the identity of the applicant for the order; and where consent so given by any person is subsequently withdrawn on the ground only that the identity of the applicant is unknown that consent shall be deemed for the purposes of this section to be unnecessarily withheld.
(4)
While an application for an adoption is pending in any Court, any parent or guardian of the child who has signified his consent to the making of an adoption order in pursuance of the application shall
10 Laws of Malaysia ACT 257
not except with the leave of the Court remove the child from the care and possession of the applicant; and in considering whether to grant or to refuse such leave the Court shall have regard to the welfare of the child.
Matters with respect to which Court to be satisfied