4. Restrictions on making of adoption orders
Feedback & supportAn adoption order shall not be made unless the applicant or, in the case of a joint application, one of the applicants—
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;
has attained the age of twenty-five and is at least twenty one years older than the child in respect of whom the application is made unless the Court is satisfied that there are special circumstances for the making of an order;
has attained the age of twenty-one and is a relative of the child; or
is the mother or father of the child.
8 Laws of Malaysia ACT 257
An adoption order shall not be made in any case where the sole applicant is a male and the child in respect of whom the application is made is a female unless the Court is satisfied that there are special circumstances which justify as an exceptional measure the making of an order.
child
“child” means an unmarried person under the age of twenty-one and includes a female under that age who has been divorced;
An adoption order shall not be made in favour of any applicant who is not ordinarily resident in Peninsular Malaysia or in respect of any child who is not so resident.
Peninsular Malaysia
“Peninsular Malaysia” has the meaning assigned to it in section 3 of the Interpretation Acts 1948 and 1967, and includes the Federal Territory;
An adoption order shall not be made in respect of any child unless—
the child has been continuously in the care and possession of the applicant for at least three consecutive months immediately preceding the date of the order; and
the applicant has at least three months before the date of the order by a written notification informed an officer of the
Social Welfare Department of the State in which he is for the time being resident of his intention to apply for an adoption order in respect of the child.