Section 22
Section 22
(1)
Save as provided in this section and section 23, nothing in this Ordinance shall apply to the adoption by any native of any infant.
(2)
Any Native Court may upon an application made by a native make an order authorising the applicant to adopt any infant.
(3)
Before making an order the Native Court shall consider such matters as may be necessary to ensure that the adopting parents are of mature age and suitable sex and that the consents of both the natural and adopting parents have been obtained in so far as such requirements are consistent with native law and custom of the applicant and shall be satisfied that any other requirements of such native law and custom have been complied with and in particular ―
(a)
that the order if made will be for the welfare of the infant, due consideration being given to the wishes of the infant having regard to the age and understanding of the infant; and
(b)
that the applicant has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or other reward in consideration of the adoption except such as the Native Court may sanction.
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(4)
The Native Court in making any adoption order may impose such terms and conditions as such Court may think fit and in particular may require the adopter by bond or otherwise to make for the infant such provision as in the opinion of the Native Court is just and expedient.
(5)
Where any Native Court is satisfied that prior to the commencement of this
Ordinance there has been an adoption by any native of an infant in such circumstances as would, prior to the commencement of this Ordinance, have been accepted by the
Native Court as qualifying an adopted child for the purposes of inheritance or succession;
then, upon being satisfied of that adoption and of all particulars necessary for the due registration of such an adoption, the Native Court may order that such adoption shall be registered in the records of the Court and thereupon such adoption shall have effect as if it were an order made under the provisions of subsection (2) and shall be deemed to be an adoption under this Ordinance for the purposes of any written law for the time being in force.
(6)
For the avoidance of doubt, it is hereby declared that nothing in this section shall affect any adoption made before the commencement of this Ordinance in accordance with the customary law of the adopter if such adoption be properly proved.
(7)
Any Native Court making an adoption order or a registration order under this section shall record the particulars required in the Schedule and forward such particulars to the District Officer and the District Officer shall, as soon as may be practicable, dispatch the same to the Registrar who shall keep a register of such adoptions and orders as nearly as may be following the provisions of sections 12, 13 and 14 and every order shall be deemed to contain all necessary directions to the Registrar under the provisions of section 13.
(8)
The provisions of Part IV shall apply to orders under the provisions of this section but only in so far as those provisions are not contrary to native law and custom.
(9)
The Minister for Local Government and Housing may make regulations* to provide for more effectively for carrying out the purposes of this section and in particular for any ―
(a)
fees to be charged;
See Native Court Adoption Regulations 1961.
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(b)
any forms to be used;
(c)
any returns to be made, and such regulations may provide that the breach or contravention of any regulation is an offence against such regulation and may provide penalty not exceeding two hundred ringgit.
Adoption under other law after commencement void.