The Registration of Adoptions Act 1952 (Act 253) (De Facto) is under the jurisdiction of the National Registration Department (NRD). This act is intended to register De Facto adoptions in which children are brought up, maintained and educated by adoptive parents for two (2) years before the registration. The adoptions are enshrined in Act 253 and apply to Muslims and non-Muslims.
Application for Registration of (De Facto) Adoption can be made at the NRD counter near adoptive parents’ and the adopted children’s residences.
Under Section 6(1) Act 253
1. Eligibility of the Child
i. Not married.
ii. Children under 18 years of age and resident in Peninsular Malaysia.
iii. Has been in custody, maintained and educated by someone or the spouses jointly, as their own children for a period of not less than two years (continuously) before registration is made.
iv. Either citizens or non-citizens.
v. Children have identification documents (Birth Certificate / Identity Card / Passport / Entry Permit for foreigner/ and must hold visa for more than two years)
2. Applicant Eligibility
i. One of the adoptive parents (husband/wife) or adoptive mother (single) or adoptive father (single) who is a citizen or permanent resident;
ii. Adoptive parents or adoptive mother (single) or adoptive father (single) aged 25 and above and at least 18 years older than the child;
iii. Married couple with legal marriage document;
iv. Adoption with consent from the natural parents or the female single parent. In the absence of consent, the adoption can still proceed through a court order or social report from the Department of Social Welfare.
v. Application must be submitted to the NRD at the district where the adoptive parents are resident.
i. Application form for registration of adoption JPN.AA01;
ii. Birth Certificate or identification document of the child (original and copy);
iii. Statutory declaration or letter of consent for adoption JPN.AA07 from the biological parents or single mother. If the mother is under 18 years of age, letter of consent must be signed either with mother or father or sibling of the mother above 18 years old;
iv. Statutory declaration by the adoptive parents (Appendix A1);
v. One (1) copy of the identity card or passport of each of the biological parents stated in the child’s Birth Certificate;
vi. Identity cards or passports and visas of the adoptive parents (originals and copies);
vii. Marriage document of the adoptive parents (original and copy);
viii. Birth Certificates or identification documents of the children of the adoptive parents (if any);
ix. Full pictures of children in postcard size;
x. Proof of residence of the applicant in the form of an electricity bill / water bill / telephone bill / assessment / certification;
xi. Death Certificates of the child’s biological parents if they have died;
xii. Copy of the applicant’s salary statement (if any); and
xiii. Form 13 (The applicant is required to obtain Form 12 from any nearby National Registration Department Office or from the Social Welfare Office in the residential area of a foster parent before Form 13 is issued by the Social Welfare Office)
i. All applications for registration will be interviewed through proceeding sessions before the Registrar. Parties who should attend are:
a) The adoptive parents or foster parents
b) The adoptive children
c) Parents / legitimate guardians of the children.
ii. The presence of the biological parent can be excluded if there is a letter of consent (JPN.AA07).
iii. Fee is RM30.00 upon approval.
Note: The online forms are to be used as reference only. They may not be printed and used for transaction purposes. For transactions, please use the original forms.