Adopted Child
Adopted Child FAQ
Frequently asked questions and answers for public reference.
What is De Facto Adoption?
De Facto means a child is in the custody, being raised, supported and educated by any person or married couple together for not less than two (2) years.
Can a child without a Birth Certificate be adopted?
One of the main requirements for an Adoption Application is a Birth Certificate. If the child is born in the country but does not have a Birth Certificate, a Late Registration of Birth Application must be made in advance.
What is the age limit of children for De Facto Adoption Applications?
The age limit of children who can be adopted is under the age of 18.
What is the age requirement of the adoptive parent for a De Facto Adoption Application?
The age requirement of the adoptive mother or father is 25 years and above and the age gap with the adopted child is 18 years. For adoptive mothers or fathers who have sibling ties with the child's biological parents, the age requirement is 21 years old.
Where can Adoption Applications be made?
Adoption Applications can be made at any NRD counter close to the area where the adoptive parents live.
Should the Adoption Application be made in the child's place/state of birth?
You need not.
Should the child be present at the hearing (Proceedings) made for the adoption process?
Children MUST be present with the adoptive parents for the adoption process.
Should the biological parents be present at the time of the adoption?
The presence of biological parents is not required if a Statutory Consent Letter is submitted.
How can adoptive parents prove that they have cared for the child for 2 years as stipulated by the Act?
Proof can be made through the Letter of Consent of the biological parents, namely the Statutory Declaration made by the biological parents during the process of submitting the child to the adoptive parents. The 2-year period is calculated from the date of submission and not from the date of Statutory Declaration.
Can the period of foster care be reduced at the discretion of the Registrar of Adoptions?
No, because the 2-year period of care has been set by Act 253.
Can an informal agreement between the biological parents and the adoptive parents be made?
No. Statutory Declaration between the two parties is a legal requirement.
Can a relative of the child apply for the adoption of the child?
Yes. The condition is that one of the spouses must reach the age of 25 and they are brothers or sisters, uncles or aunts either by blood or marriage of the child.
Can biological parents apply to adopt their own biological child?
There is no restriction under the Act.
Can a single mother make an Adoption Application?
There are no restrictions in Act 253 on this matter.
Can a single father make an Adoption Application?
Although Act 253 does not restrict any individual from applying for adoption, applications are DISCOURAGED from single fathers if the child is female. For such cases, referrals will be made to the Registrar General of Births and Deaths and the Department of Social Welfare.
Can Muslim children be adopted by non-Muslim parents?
Although Act 253 does not mention this, the 1952 Adoption Registration Instruction Book states that Muslim children cannot be adopted by non-Muslim adoptive parents.
Can non-Muslim children be adopted by Muslim adoptive parents?
Non-Muslim children can be adopted by Muslim adoptive parents.
Can a Muslim applicant apply for adoption through a Court Order (Act 257)?
Adoption through Court Order (Act 257) is only for non-Muslim applicants. Whereas the adoption through the Adoption Registration Deed (Act 253) is open to all eligible persons.
When is the Adoption Application referred to the Social Welfare Department?
Applications are only referred to the Department of Social Welfare if there is no consent from the biological parents. However, the Registrar may make referrals as needed.
Are there cases where, after an adoption application is referred to the Department of Social Welfare, the child is withdrawn and placed under JKM care?
No.
Can a child born abroad be adopted by a married couple in Malaysia?
Yes, provided that the child completes the ordinary residence period required by the Act and has a valid travel document before being eligible for an adoption application.
Can a married couple living abroad apply to adopt a local child?
Under Act 253, both adoptive parents and the child must live together in Malaysia continuously for two years before being eligible to apply for adoption.
Can the child’s citizenship be determined through the adoption process?
No.
Can an adopted child be issued a Birth Certificate instead of an Adoption Certificate?
An adoption made under Act 253 can only be issued with an Adoption Certificate, not a Birth Certificate.
Can the Adoption Certificate be used for official matters?
The Adoption Certificate has the same validity status as a Birth Certificate and can be used for school registration, identity card applications, passport applications and other official matters.
What fee is charged for an adoption application?
RM30.00 is collected as the registration fee after the application is approved.
Can an adopted child be returned to the biological parents or given to another married couple?
Return and re-adoption under De Facto adoption are not allowed, but the adoption may be cancelled by a Court Order under Section 13(2) of Act 253.
Can biological parents take back the child after the De Facto adoption is approved?
No. Under civil law, the adoption is final.
Can a child who has been adopted under the Registration of Adoptions Act (Act 253) be adopted again under the Adoption Act (Act 257)?
Yes. However, a child adopted through a Court Order cannot be adopted again through the De Facto adoption process.
Is it compulsory to register an adopted child?
Taking an adopted child without registration does not violate any national law, but registration provides protection to the adopted child and adoptive parents because it is legally recognised.
Further Enquiries
If there are other questions, please make an enquiry through e-Enquiry (SISPAA NRD) at
or please contact:
Customer Service Officer
Tel: 03-80008000
Fax: 03-88808288
Email: pro@jpn.gov.my