12. Appointment of guardian ad litem: persons to be respondents and service
Feedback & supportWhenever an application for an adoption order is made to the Court, the Court shall appoint a guardian ad litem of the child in respect of whom the application is made, and upon such appointment the duplicate of the form mentioned in subsection 11(1) shall be delivered to the guardian ad litem.
Court
“Court” means any Court having jurisdiction to make adoption orders under this Act;
The following persons or bodies shall be made respondents, namely, the child in respect of whom the application is made, the guardian ad litem of the child, every person who is a parent or
child
“child” means an unmarried person under the age of twenty-one and includes a female under that age who has been divorced;
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guardian of the child or who is liable to contribute to the support of the child, and, where the applicant has a spouse who is not also an applicant, the spouse of the applicant:
applicant
“applicant” means a person who is proposing to adopt, or who has adopted a child, whether in pursuance of an adoption order or otherwise, and, in the case of an application by two spouses, includes either of them;
Provided that no person whose consent has been dispensed with in accordance with section 5 shall be made a respondent.
As soon as the guardian ad litem has been appointed, the Court shall fix a time for the hearing of the application, and shall issue a notice in the prescribed form addressed to the respondents and shall cause such notice to be served on each of them:
Provided that where the child is in the actual custody of any person, such notice need not be served on the child, but may require such person to produce the child to the Court.
Any notice under this Act shall be served upon any respondent to whom it is addressed either by delivering a copy to him personally, or, with leave of the Court, by sending a copy by registered post to his last known or usual place of residence, whether such place of residence is in Malaysia or elsewhere.