Adoption Ordinance, 1942

is born in Sarawak and one of his parents also has Sarawak connection; or

is permanently residing in Sarawak; or

is domiciled in Sarawak.

[Ins. Cap. A100.]

Such adopted child shall stand in the same relation to the adopting parent or parents as would a child born in wedlock and shall have all the rights and privileges of a legitimate child in respect of the obligations and estate of the adopting parents.

The natural parents of such adopted child shall have no control or right over such adopted child and such adopted child shall have no claim by inheritance to the property of his natural parents.

Subsections (2) and (3) shall cease to have effect if the adoption is annulled under section 7.

The District Officer may—

require the natural parents or adopting parents or guardian to produce a medical report from a registered medical practitioner or a doctor in a Government hospital, on the health of the child; or

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Where the District Officer is satisfied from the information disclosed in the application form and the documentary and other evidence submitted by the natural parents and adopting parents or guardian, and the report, if any, produced or made available under paragraph (b), that the conditions for a valid adoption have been fulfilled, the District Officer shall notify the parties, their witnesses, and if necessary, the child, to appear before him for the purpose of registration of the adoption.

Where the natural parents and the adopting parents or guardian and their witnesses appear before the District Officer, he shall record their presence and their unequivocal consent in writing to the adoption.

The District Officer, if fully satisfied by documentary evidence that the adoption is bona fide and the child is born in

Sarawak and has Sarawak connection, may dispense with the personal attendance of the natural parents or parent or guardian of the child, provided that the adopting parents shall furnish to the District Officer a statutory declaration voluntarily made by the natural parents or parent or guardian, that their consent has been freely given for the adoption of the child.

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It shall be the duty of the District Officer before registering an adoption by a person who professes the Islamic faith to draw the specific attention of such person to section 2(2), and to inform him in clear and unmistakable terms that the adoption of children on such a basis is contrary to the Islamic Law:

Provided that no adoption shall be invalid by reason only of the

District Officer failing to comply with the provisions of this subsection.

Such registration shall be effected in the presence of the adopting parents or parent and, unless their presence or consent has been dispensed with under section 3(3) or (4), of the natural parents or parent or guardian. The persons present shall affix their signatures or marks to the entry.

The District Officer shall issue a certificate of adoption under his hand and seal to the adopting parents or parent and to the natural parents or parent or guardian.

The District Officer may, upon being satisfied by evidence given by way of any statutory declaration by an applicant, that a certificate of adoption issued by him under subsection (3) has been lost, defaced or damaged, issue a duplicate thereof to the applicant upon payment of the prescribed fees.

that the child is born in Sarawak and has Sarawak connection;

subject to subsection (2), that at least one of the adopting parents has Sarawak connection;

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;

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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if there be two adopting parents, that they are legally married to one another by custom or otherwise;

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;

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;

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

that the adoption would not contravene the provisions of the Islamic Family Law Ordinance, 2001 [Cap. 43].

Where both the adopting parents have no Sarawak connection, the adoption of the child shall not be effected and registered unless—

Upon the adoption of an adopted child under subsection

—

Nothing herein shall authorize the re-adoption of a child by his natural parent or parents.

[Sub. Cap. A100.]

Offences and penalties

makes any statement or particular which is false or is calculated to deceive in an application or other document submitted to the District Officer with intent to procure the registration of an adoption under this Ordinance; or

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without lawful authority alters or changes or removes any entry or particular or matter in the special register kept under section 4(1) or pursuant to regulations made under section 12; or

alters, changes or removes any particular in a certificate of adoption or destroys or defaces such particular; or

without reasonable cause, retains or has in his possession, a certificate which is not issued to him by the District

Officer under section 4(3) or (5), shall be guilty of an offence: Penalty, a fine not exceeding five thousand ringgit or imprisonment for a term not exceeding eighteen months or both.

[Ins. Cap. A100.]

Any person who without reasonable cause fails to comply with a notice issued by the District Officer under subsection (1), or who wilfully prevents, obstructs or delays any person who receives such notice from compliance therewith shall be guilty of an offence:

Penalty, a fine not exceeding two thousand ringgit or imprisonment for a term not exceeding one year or both.

[Ins. Cap. A100.]

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The High Court may on application made, by way of originating motion, by the State Attorney General or any person named in a certificate issued under section 4 as the natural parent or adopting parent or guardian or child annul an adoption if after hearing such evidence as it considers necessary it is of the opinion—

If an adoption is annulled by the Court the rights of the adopted child and the adopting parents under section 2 are extinguished and the child resumes his original legal status as the child of his natural parents.

The District Officer shall register any adoption effected outside Sarawak according to the law of the country in which it was effected on the application of either of the adopting parents:

Provided that he may refuse to register such adoption if the conditions required by section 5 are not satisfied.

to regulate the adoption of children according to

Chinese custom by heads of Chinese families for the purpose of providing heirs or successors for the deceased members of such families; and

to regulate the adoption of adults among races in which such adoptions are recognized by custom.

[Am. Ord. 9/76; Am. Cap. A28.]

Unless otherwise stated in rules made under this section, the provisions of this Ordinance shall not apply in respect of adoptions effected in accordance with such rules:

Provided that any such rules may apply the whole or any part of this Ordinance to such adoptions.

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the form of registers to be kept;

the issue of certified extracts of entries in registers and the evidential value thereof; and

the fees to be charged under this Ordinance including the alteration of any fees specified in this Ordinance.

[Am. Ord. No. 9/76; Am. Cap. A28.]

*

See Adoption (Central Registry) Regulations, 1960 [G.N.S. 76/60 and G.N.S. 134/60].

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