A person under 18 is a minor (Age of Majority Act 1971, s 2). Mothers and fathers have equal rights over a child's custody, upbringing and property (Guardianship of Infants Act 1961, s 5). In every custody decision the child's welfare comes first. For Muslim families, hadhanah (custody) and nafkah anak (child maintenance) are decided by the Syariah court.
The Child Act 2001 protects children in need of care and protection and sets up the Court for Children. Sexual offences against children are dealt with under the Sexual Offences Against Children Act 2017.
What to do first
- Register a birth within 60 days at the National Registration Department (JPN) (Births and Deaths Registration Act 1957, s 8 — Peninsular Malaysia; Sabah and Sarawak have their own ordinances).
- If a child is being abused or neglected, report to the police or the Social Welfare Department (JKM) straight away.
- For custody or maintenance after separation: non-Muslims go to the High Court; Muslims go to the Syariah court — see Family law and Muslim family law.
- Adoption: the Adoption Act 1952 does not apply to Muslims (s 31). Ask JPN about the route that applies to your family.
Which court or agency?
| Problem | Where to go | Law |
|---|---|---|
| Custody and maintenance (non-Muslim) | High Court | Act 164; Guardianship of Infants Act 1961 |
| Hadhanah and nafkah anak (Muslim) | Syariah court | State Islamic family law |
| Child in need of care and protection | Social Welfare Department (JKM), Court for Children | Child Act 2001 |
| Birth registration, late registration | National Registration Department (JPN) | Act 299 |
Read the guides
Child Act 2001Family law: marriage, divorce, maintenance and custodyMuslim family law and Islamic estate planning
Tools
Key laws — read the copy
| Act 611 | Child Act 2001 Akta Kanak-Kanak 2001 | PDF · PDF (BM) · Official ↗ |
| Act 351 | Guardianship of Infants Act 1961 Akta Penjagaan Budak 1961 | PDF · PDF (BM) · Official ↗ |
| Act 21 | Age of Majority Act 1971 Akta Umur Dewasa 1971 | PDF · PDF (BM) · Official ↗ |
| Act 299 | Births and Deaths Registration Act 1957 Akta Pendaftaran Kelahiran dan Kematian 1957 | PDF · PDF (BM) · Official ↗ |
| Act 257 | Adoption Act 1952 Akta Pengangkatan 1952 | PDF · PDF (BM) · Official ↗ |
| Act 253 | Registration of Adoptions Act 1952 Akta Pendaftaran Pengangkatan 1952 | PDF · PDF (BM) · Official ↗ |
| Act 792 | Sexual Offences Against Children Act 2017 Akta Kesalahan-Kesalahan Seksual Terhadap Kanak-Kanak 2017 | PDF · PDF (BM) · Official ↗ |
| Act 164 | Law Reform (Marriage and Divorce) Act 1976 Akta Membaharui Undang-Undang (Perkahwinan dan Perceraian) 1976 | PDF · PDF (BM) · Official ↗ |
| Act 303 | Islamic Family Law (Federal Territory) Act 1984 Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984 | PDF · PDF (BM) · Official ↗ |
| No. 5 of 2019 | Guideline scale for assessing child maintenance Arahan Amalan JKSM No. 5 of 2019: Garis panduan skala pentaksiran jumlah nafkah anak | PDF (BM) · Official ↗ |
| No. 7 of 2023 | Special needs when assessing maintenance for a child with a disability Arahan Amalan JKSM No. 7 of 2023: Keperluan khas dalam menentukan kadar nafkah anak berstatus OKU | PDF (BM) · Official ↗ |
| No. 5 of 2016 | Urgent (ex parte) custody and injunction applications Arahan Amalan JKSM No. 5 of 2016: Garis panduan prosiding ex parte hadhanah dan injunksi | PDF (BM) · Official ↗ |
| No. 6 of 2023 | Guardian ad litem for persons with disabilities, incapacitated persons and children Arahan Amalan JKSM No. 6 of 2023: Garis panduan penentuan kelayakan penjaga ad litem bagi OKU, OTB dan kanak-kanak | PDF (BM) · Official ↗ |
Each law opens our mirror page: a copy of the official text with its capture date and version history, plus the official link.
Official links and forms
- National Registration Department (JPN) ↗
- Social Welfare Department (JKM) ↗
- Royal Malaysia Police (PDRM) ↗
Questions people ask
Who counts as a child under Malaysian law?
Under the Child Act 2001, a child is anyone under 18 (s 2). For criminal cases, a child must also have reached the age of criminal responsibility under the Penal Code, which is 10.
How do I report child abuse?
Call Talian Kasih 15999 (24 hours; WhatsApp 019-261 5999), go to the nearest Social Welfare Department (JKM) office, or lodge a police report. In an emergency call 999. Doctors, family members and child care providers have a legal duty to report (ss 27 to 29).
Can the welfare department take my child away?
Yes, if a Protector or police officer is satisfied on reasonable grounds that your child is in need of care and protection (s 18). The child must be brought before a Court for Children within 24 hours (s 19), and the court decides what happens next (s 30). Parents and their lawyers may attend the Court for Children (s 12(3)).
All questions & answers → · Ask your own →