Adoption in Malaysia can be pursued through different legal routes depending on the circumstances of the child, the adoptive parents, and the law under which the adoption is conducted. The two main types are Court Adoption and Adoption through the National Registration Department (JPN).

 

1. Court Adoption

Court adoption is conducted through the Family Court and is the most common and comprehensive method.

Key features:

• Full Legal Parentage: The adoptive parent(s) assume all legal rights and responsibilities for the child, just like a biological parent.

• Birth Certificate Update: The child’s birth certificate is amended to reflect the adoptive parents as legal parents, effectively severing the legal link with the biological parents.

• Inheritance Rights: The adopted child has full inheritance rights from the adoptive parents.

• Parental Obligations: The adoptive parents are responsible for the child’s education, medical care, and general welfare.

Court adoption is generally preferred when the goal is to provide the child with full legal security and integration into the adoptive family.

 

2. Adoption through the National Registration Department (JPN)

This method allows adoption to be recognised administratively without the need for a full court proceeding. It is commonly used in cases where a child is adopted informally.

Key features:

• Certificate of Adoption: A Certificate of Adoption is issued by the JPN, acknowledging the adoptive relationship.

• No Birth Certificate Change: The child’s original birth certificate remains unchanged, so the biological parents are still legally recorded.

• Limited Legal Rights: While the adoptive parents gain some legal rights, certain full parental rights (such as inheritance rights or full severance of biological parentage) may not automatically apply.

• Simpler Process: This method is generally faster and administratively simpler than court adoption but offers less comprehensive legal protection.

• Parental Responsibilities: The adoptive parents are still responsible for the child’s day-to-day care and welfare, but legal matters may sometimes require additional documentation or court involvement.

JPN adoption is often chosen in situations where families are seeking to formalise care arrangements quickly or where court adoption may not be necessary for the child’s legal or inheritance needs.

 

Choosing Between Court and JPN Adoption

• Court adoption is recommended if you want the child to have full legal recognition and inheritance rights, and to completely integrate into the adoptive family.

• JPN adoption may be suitable for families who require administrative recognition without altering birth records or where speed and simplicity are priorities.

At Piya Law Chambers, we help you navigate both types of adoption, ensuring compliance with Malaysian law while protecting the child’s best interests and your rights as adoptive parents.