Akta Pengangkatan 1952
Applies to: Federal Act — see s 1 (Short title and application) · Official text ↗
- Defines key terms such as 'child', 'adopter', and 'Court' (s 2)
- Sets out the Court's power to make adoption orders and restrictions on who can apply (ss 3–4)
- Details the requirements for consent from parents, guardians, and spouses (s 5)
- Explains the legal effect of an adoption order on rights, duties, and property (s 9)
- Outlines the procedure for lodging applications and appointing a guardian ad litem (ss 11–12)
- Provides for interim orders and probationary periods before final adoption (s 17)
- Establishes the Adopted Children Register and restrictions on advertisements (ss 25–26)
- Excludes persons who profess the religion of Islam from the application of this Act (s 31)
What this law is
The Adoption Act 1952 (Akta Pengangkatan 1952) is numbered Act 257 in the Laws of Malaysia. Where it applies is set out in section 1 (Short title and application).
Its long title, as printed in the official text: An Act to provide for the adoption of children.
Read every section, the amendment history and the official copy on our law library page for this Act.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Child must be in the care and possession of the applicant | at least three consecutive months immediately preceding the date of the order | s 4(4)(a) |
| Written notification to Social Welfare Department of intention to apply | at least three months before the date of the order | s 4(4)(b) |
| Probationary period for interim order | not less than six months and not exceeding two years | s 17(1) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Causing to be published, or knowingly publishing, an advertisement in contravention of section 26 | imprisonment for six months or a fine of two hundred and fifty ringgit or with both | s 26(2) |
Laws cited on this page
| Act 257 | Adoption Act 1952 Akta Pengangkatan 1952 | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | Defines a 'child' as an unmarried person under the age of twenty-one, including a divorced female under that age, and defines an 'adopter' as a person authorized by an adoption order. |
| s 3 | Allows the Court to make an adoption order upon application, authorizing one person or two spouses jointly to adopt a child, including cases where the applicant is the child's parent. |
| s 4 | Restricts adoption orders unless the applicant is at least twenty-five and twenty-one years older than the child, is a relative aged twenty-one or over, or is the child's parent, and requires the child to have been in the applicant's care for three months. |
| s 5 | Requires the consent of parents, guardians, and persons liable to support the child, but allows the Court to dispense with consent if the person has abandoned, neglected, or ill-treated the child, or if consent is unreasonably withheld. |
| s 9 | States that upon an adoption order, the rights and duties of the natural parents are extinguished and vest in the adopter, treating the adopted child as if born to the adopter in lawful wedlock for purposes of custody, maintenance, and property devolution. |
| s 11 | Requires applications for adoption orders to be presented in duplicate on a prescribed form, with written consents appended, and notes that personal attendance is not always necessary for lodging the application. |
| s 12 | Mandates the Court to appoint a guardian ad litem for the child, make specific persons respondents, and serve notices on them, with service possible by personal delivery or registered post. |
| s 17 | Allows the Court to make an interim order giving custody to the applicant for a probationary period of six months to two years, subject to terms for maintenance, education, and supervision, before determining the final adoption application. |
| s 22 | Provides that an appeal lies to the Federal Court or High Court from a refusal by the High Court or Sessions Court to make an interim or adoption order. |
| s 25 | The Registrar General keeps an Adopted Children Register. Every adoption order directs the Registrar General to make an entry in it and to issue a Certificate of Birth for the adopted child, and, where the child's birth entry is identified, to mark that entry "adopted". |
| s 26 | Prohibits publishing advertisements indicating a desire to adopt or be adopted, or arrangements for adoption by anyone other than the Director General of Social Welfare. |
| s 31 | Excludes the Act from applying to any person who professes the religion of Islam, either as an adopter or as the parent of a Muslim child. |
Worked examples
Facts. Kevin, aged 24, wants to adopt an unrelated two-year-old boy who has been in his care for four months.
The law. An adoption order may not be made unless the applicant has attained 25 and is at least 21 years older than the child (unless the Court is satisfied there are special circumstances), or has attained 21 and is a relative of the child, or is the child's mother or father (s 4(1)).
Outcome. Kevin is under 25, not a relative and not a parent, so an order cannot be made unless the Court is satisfied there are special circumstances (s 4(1)(a)).
Facts. Sarah wants to adopt a child but her husband, David, refuses to consent. They are still married but living apart due to a permanent separation.
The law. An adoption order shall not be made upon the application of one of two spouses without the consent of the other, unless the Court is satisfied that the spouses have separated and are living apart and that the separation is likely to be permanent (s 5(1), s 5(2)).
Outcome. The Court may dispense with David's consent if it is satisfied that the separation is likely to be permanent (s 5(2)).
Facts. A private agency places a newspaper advertisement saying it is willing to arrange adoptions of children.
The law. No advertisement may be published indicating that any person or body other than the Director General of Social Welfare is willing to make arrangements for the adoption of a child (s 26(1)(c)).
Outcome. Anyone who causes the advertisement to be published, or knowingly publishes it, commits an offence punishable with imprisonment for six months or a fine of two hundred and fifty ringgit or both (s 26(2)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who is considered a 'child' under this Act?
A 'child' means an unmarried person under the age of twenty-one (s 2). This definition includes a female under that age who has been divorced (s 2).
Can a single man adopt a girl?
An adoption order shall not be made where the sole applicant is a male and the child is a female unless the Court is satisfied that there are special circumstances which justify the order as an exceptional measure (s 4(2)).
Do I need to live in Peninsular Malaysia to adopt?
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 (s 4(3)).
What happens to the rights of the natural parents after adoption?
Upon an adoption order, all rights, duties, obligations, and liabilities of the parent or guardian in relation to the future custody, maintenance, and education of the adopted child are extinguished (s 9(1)). These rights vest in the adopter as if the child were born to them in lawful wedlock (s 9(1)).
Can I appeal if my adoption application is refused?
An appeal shall lie to the Federal Court or to the High Court from any refusal of the High Court or a Sessions Court to make an interim order or an adoption order (s 22).
Does this Act apply to Muslims?
This Act shall not apply to any person who professes the religion of Islam, either so as to permit the adoption of any child by such a person or so as to permit the adoption by any person of a child who is a Muslim (s 31).
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Sources
Related
Registration of Adoptions Act 1952Guardianship of Infants Act 1961Family law: marriage, divorce, maintenance and custodyChild Act 2001