Akta Pendaftaran Pengangkatan 1952
Applies to: Federal Act — see s 1 (Short title and application) · Official text ↗
- Defines key terms such as 'guardian', 'Registrar', and 'Peninsular Malaysia' (s 2).
- Sets out the conditions for registering a de facto adoption, including custody duration and parental consent (s 6).
- Requires the delivery of certified copies of registration to applicants and the Registrar General (s 7).
- Mandates that witnesses and applicants must speak the truth before the Registrar (s 8).
- Specifies grounds for refusing registration, such as age, residency, and prior adoption orders (s 10).
- States that registration does not affect the validity of the adoption itself (s 11).
- Allows for the search of registers and the issuance of certified copies as evidence (s 12).
- Provides mechanisms for amending or cancelling registrations and appeals (s 13).
What this law is
The Registration of Adoptions Act 1952 (Akta Pendaftaran Pengangkatan 1952) is numbered Act 253 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 registration of adoptions.
Read every section, the amendment history and the official copy on our law library page for this Act.
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Forging any entry in any register or fraudulently using a forged certified copy | punishable on conviction with the penalty provided in section 466 of the Penal Code for offences punishable under that section or under section 471 of the Penal Code, as the case may be | s 14 |
| Giving evidence known to be untrue or committing acts punishable under Chapter XI of the Penal Code | punishable on conviction as provided in that Chapter in the same way as if the act had been done in or in relation to a judicial proceeding | s 8(2) |
Laws cited on this page
| Act 253 | Registration of Adoptions Act 1952 Akta Pendaftaran Pengangkatan 1952 | PDF · PDF (BM) · Official ↗ |
| Act 574 | Penal Code Kanun Keseksaan Our guide → | PDF · 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 1 | The Act is titled the Registration of Adoptions Act 1952 and applies only to Peninsular Malaysia. |
| s 2 | Defines 'guardian' as the person with legal custody rights, 'Registrar' as the appointed official, and 'Peninsular Malaysia' as defined in the Interpretation Acts. |
| s 6 | Allows the Registrar to register an adoption if the child has been in the applicant's custody for at least two years, the parties appear before the Registrar, and parental consent is given or dispensed with. |
| s 7 | Requires certified copies of the registration to be sent to the applicant and the Registrar General, and provides a process for cancelling duplicate registrations. |
| s 8 | Binds all persons giving evidence to tell the truth and makes false statements punishable under the Penal Code. |
| s 10 | Allows the Registrar to refuse or postpone registration if unsatisfied with statements, and sets age and residency requirements for applicants and children. |
| s 11 | Clarifies that the validity of an adoption is not affected by whether it is registered or by errors in the register. |
| s 12 | Entitles any person to search the adoption register and obtain a certified copy, which serves as evidence of the adoption and birth date in court. |
| s 13 | Allows for the correction of errors in the register and provides for cancellation of registration by court order, with rights to appeal. |
| s 14 | Makes forging entries or fraudulently using forged copies punishable under the Penal Code. |
| s 15 | Deems every Registrar appointed under this Act to be a public servant under the Penal Code. |
| s 16 | Empowers the Rules Committee to make rules regarding fees, procedures, and the custody of registers. |
Worked examples
Facts. Aminah, aged 60, has brought up her 10-year-old grandson Ali as her own child for three years, continuously, since his parents moved abroad. She wants the adoption registered.
The law. The Registrar may register a de facto adoption where the child, under 18 and never married, has been in the applicant's custody and brought up, maintained and educated as the applicant's own child for at least two years continuously before the application (s 6(1)). If neither parent is within Peninsular Malaysia, a guardian of the child appears and consents; the Registrar may dispense with consent where just and equitable and for the child's welfare (s 6(1)(b)). A grandparent is not among the relatives in s 10(2)(b), so the applicant must have attained 25 and be at least 18 years older than the child (s 10(2)(a)).
Outcome. Aminah meets the age rule, so the Registrar may register the adoption once she and Ali appear with evidence, consent is given or dispensed with, and the prescribed fees are paid (ss 6(1), 10(2)(a)).
Facts. Bakri claims to be the father of a child he has not raised for two years. He lies about the custody period to the Registrar.
The law. Every person giving evidence is bound to state the truth (s 8(1)). Giving evidence known to be untrue is punishable under the Penal Code (s 8(2)).
Outcome. Bakri may be prosecuted for giving false evidence (s 8(2)).
Facts. Chong registers an adoption, but the Registrar General finds the details match a previously cancelled adoption.
The law. If the Registrar General finds the details identical to a cancelled adoption, they return the copy to the Registrar, who must call on the parties to show cause why it should not be cancelled (s 7(2)).
Outcome. If the parties fail to show cause, the Registrar shall cancel the registration (s 7(2)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who can apply to register an adoption?
A person, or two spouses jointly, who have had a child under 18 in their custody and brought the child up, maintained and educated the child as their own for at least two years continuously before applying (s 6(1)). The applicant (or one of the spouses) must be at least 25 and at least 18 years older than the child; or at least 21 and the child's brother, sister, uncle or aunt; or the child's mother or father (s 10(2)). The child must be ordinarily resident in Peninsular Malaysia (s 10(3)).
Do I need the biological parents' consent?
Generally, the parents or one of the parents, or a guardian, must appear before the Registrar and express consent (s 6(1)(b)). However, the Registrar may dispense with consent if it is just and equitable and in the child's welfare (s 6(1)(b)).
What happens if the Registrar refuses my application?
The Registrar may refuse if they are not satisfied with the truth of statements or if requirements are not met (s 10(1)). There is no appeal from the refusal, but another Registrar may register it if satisfied that the grounds for refusal no longer exist (s 10(5)).
Does registering an adoption make it valid?
Neither registering nor failing to register an adoption affects its validity (s 11). A certified copy of a registered entry is received in all courts as evidence of the adoption (s 12(2)).
Can I get a copy of the adoption register?
Yes, any person can apply to the Registrar General or a Registrar and pay the prescribed fee to have a search made and obtain a certified copy of any entry (s 12(1)).
What if I find an error in the registered details?
The person who applied or the child can apply to the Registrar to amend the register by correcting any error in the particulars (s 13(1)). A certified copy of the amended entry will be sent to the applicant and the Registrar General (s 13(1)).
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Sources
Related
Adoption Act 1952Family law: marriage, divorce, maintenance and custodyMuslim family law and Islamic estate planning