Section 6
Registration of de facto adoptions
of Registration of Adoptions Act 1952
Where at the date when application for registration is made any child under the age of eighteen years who has never been married is in the custody of, and is being brought up, maintained and educated by any person, or by two spouses jointly, as his, her or their own
*NOTE—This section was referred to as section 3 of Act 190 prior to revision in 1977.
Registration of Adoption 7
child under any de facto adoption, and has for a period of not less than two years continuously and immediately before the date of such application been in such custody and has been so brought up, maintained and educated, the Registrar may, upon the application, in the form in the First Schedule, of such person or spouses, register the adoption if—
(a)
such person or spouses and the child shall appear before the Registrar and shall produce to the Registrar such evidence either oral or documentary as may satisfy the
Registrar that such adoption took place;
(b)
the parents or one of the parents, or, if both the parents are dead or if neither of the parents is within Peninsular
Malaysia, any guardian of the child shall appear before the
Registrar and express consent to the adoption:
Provided that if the Registrar is satisfied that in all the circumstances of the case it is just and equitable and for the welfare of the child he may dispense with the consent of any parent or custodian of the child or with the appearance of any parent or custodian who shall have signified his consent by statutory declaration; and
(c)
the prescribed fees are paid.
(2)
The Registrar shall register an adoption by entering the particulars thereof in the register.