Section 5
Conditions of valid adoption
—
(1)
No adoption in Sarawak shall be registered unless an application is made for such registration in accordance with the procedure set out in section 3, and the District Officer is satisfied by evidence upon oath or otherwise—
(a)
that the child is born in Sarawak and has Sarawak connection;
(b)
subject to subsection (2), that at least one of the adopting parents has Sarawak connection;
(c)
that the adopting parent or, if there be two, each of the adopting parents is a fit and proper person to have the care and custody of the child;
(d)
that the adopting parent or parents has or have adequate means and abilities to maintain the adopted child according to the social status of the adopting parent or parents until the child reaches the age of eighteen years or is able to support himself, whichever is the later;
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(e)
if there be two adopting parents, that they are legally married to one another by custom or otherwise;
(f)
that where a female child is to be adopted, there shall be two adopting parents who are legally married to each other and that female child shall not be adopted by a male adopting parent unless there are exceptional or special circumstances;
(g)
that the adopting parent, or, if the adoption is joint, each of the adopting parents, is over the age of twenty-one years, and is at least twenty-one years older than the child to be adopted;
(h)
that if the adoption is made in accordance with the custom or customary law of either the natural parents or adopting parents or guardian, such custom or customary law permits the adoption of the child and that all procedures and requirements thereof have been duly followed and complied with; and
(i)
that the adoption would not contravene the provisions of the Islamic Family Law Ordinance, 2001 [Cap. 43].
(2)
Where both the adopting parents have no Sarawak connection, the adoption of the child shall not be effected and registered unless—
(a)
if both or any one of the adopting parents are citizens or is a citizen of another country, a certificate is obtained from a competent authority in the High Commission or Embassy of that country in Malaysia, stating that the High Commission or
Embassy is aware that the adopting parent or parents intends or intend to adopt the child and the adopting parents are able to furnish evidence that the child would, upon being adopted, be permitted entry into that country; or
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(b)
if both or any one of the adopting parents are or is residing in any other part of Malaysia, evidence is furnished to the District Officer of their or his residential address outside
Sarawak.
[Sub. Cap. A100.]