INTERNATIONAL ADOPTION

MALAYSIA

June 2001

DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

PLEASE NOTE: Adoptions are not common in Malaysia. Adoptions of non-relatives are generally difficult and time-consuming procedures. Prospective parents may be required to remain in Malaysia for two or more years during the process. Prospective adoptive parent(s) who are non-Muslims may NOT adopt Muslim children.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S. based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Malaysia and applying for an immigrant visa for the child to come to the United States. This process involves complex Malaysian and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Kuala Lumpur, Malaysia before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Over the past ten years, five Malaysian children have received U.S. immigrant visas based on their adoption by U.S. parents.

MALAYSIAN ADOPTION AUTHORITY: The government office responsible for adoptions in Malaysia is the Family and Children’s Division, Social Welfare Department, Ministry of National Unity and Social Development. You can reach them at:

14^th Floor Wisma Shen
50100 Kuala Lumpur, Malaysia.
Telephone: (6) (03) 269-25011
E-mail: pprljkm@kempadu.gov.my

MALAYSIAN ADOPTION PROCEDURES

Non-Muslim Adoptions :

The adoption of a non-Muslim child is governed by the Adoption Act of 1952 (Act 257). The identification of a prospective child may occur privately through friends or relatives in Malaysia or through the Malaysian Social Welfare Department. Once the child has been identified, the prospective adoptive parent(s) must obtain a statutory declaration (notarized affidavit) from the biological parent(s) relinquishing all parental rights towards the child. The prospective adoptive parent notifies the Social Welfare Department of the Malaysian State in which he/she is resident of his/her intention to apply for an adoption order of the child. If the Social Welfare Department identified the child, an "offer" letter will be issued to the adoptive parents. This notification must be in writing. No matter how the child was identified, the adoptive parent(s) must reside with and care for the child not less than three (3) consecutive months before petitioning the Sessions Court or the High Court for the adoption order.

When an application for an adoption order is made, the Court appoints a guardian ad litem for the child. In most cases, the court will appoint a Social Welfare office employee. To safeguard the interests of the child before the Court, the guardian ad litem investigates the background and circumstances of the child and the adoptive parent(s), including all matters relevant to the proposed adoption. The completed guardian ad litem report is submitted to the Court on the day of the hearing. The Court may issue an adoption order or an interim order awarding custody of the child to the adoptive parent(s) for a probationary period of not less than six months and not exceeding two years, subject to provisions for the maintenance, education and supervision of the welfare of the child.

The Registrar of the Court sends a certified copy of the adoption decree to the Registrar-General at the National Registration Department and to the adoptive parent(s) within seven days. The Registrar-General enters the adoption order in the Adopted Children Register. The Register entry serves as the child’s official record instead of the original birth certificate. The adoptive parent may apply for a copy through the Registrar-General.

Muslim Adoptions:

Only prospective adoptive parents who are Muslims may adopt Muslim children. The Registration of Adoptions Act of 1952 and relevant Shariah laws govern the adoption of a Muslim child in Malaysia. A prospective child may be identified privately or through the Social Welfare Department. A court petition is not required. The Muslim prospective adoptive parent applies to the National Registration Department to document the child as his/her adopted child. To qualify, the adoptive parent must have resided with and had continuous custody of the child for a period of not less than two years. The application should include evidence relating to the care, maintenance, and education of the child during the two years from the date of the biological parents statutory declaration (notarized affidavit) relinquishing all parental rights of the child.

If the National Registration Department is satisfied with the evidence submitted, an entry will be made in the Register and a certified copy of the entry delivered to the adoptive parents. If the Registration Department is not satisfied with the evidence, an officer from the Social Welfare Department will conduct an investigation on the well being of the child. Children adopted under the Registration of Adoptions Act cannot assume the name or inherit property of the adoptive parents.

AGE AND CIVIL STATUS REQUIREMENTS: The adoptive parent must be an "ordinary resident" in Malaysia, who has been is working and living in Malaysia for at least two years prior to the application. One of the prospective parents in non-Muslim adoptions must be at least 25 years old and at least 21 years older. If the prospective adoptive parent is a relative of the child, he/she must be at least 21 years of age. One of the prospective parents in Muslim adoptions must have attained the age of 25 and be at least 18 years older than the child. If the prospective adoptive parent is a brother, sister, uncle or aunt of the child, he/she must be at least have attained the age of 21.

ADOPTION AGENCIES AND ATTORNEYS: There are no agencies in Malaysia. All adoption inquiries should be directed to the Social Welfare Department, Ministry of National Unity and Social Development.

DOCTORS: The U.S. Embassy in Kuala Lumpur maintains current lists of doctors and sources for medical examinations that may be required.

MALAYSIAN DOCUMENTARY REQUIREMENTS: The prospective adoptive parent must present the following documents to the Malaysian Social Welfare Department under the Ministry of National Unity and Social Development:

• His/her valid passport
• The original birth certificate of the adoptive child
• Notarized letters of consent from the biological parents

U.S. IMMIGRATION REQUIREMENTS

A Malaysian child, even if adopted by an American citizen, must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

• The adoptive or prospective adoptive parent must be an American citizen;
• The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf
• If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption
• If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age
• The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to determine if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS can be found on BCIS's web site at http://www.uscis.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in-Kuala Lumpur.¹

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Malaysia should request, at the time they file these forms, that BCIS notify the US Embassy in Kuala Lumpur as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an BCIS office in the US.

II. The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An orphan investigation is required in all orphan adoption cases —even if an I-600 has already been approved—and serves to verify that the child is an orphan as defined by US immigration law . This investigation ( Form I-604 Report on Overseas Orphan Investigation ) is performed by a consular officer at the time of the child’s immigrant visa interview.

MALAYSIAN EMBASSY IN THE UNITED STATES:

2401 Massachusetts Avenue, NW
Washington, D.C. 20008
Tel: 328-2700
E-mail: mwwashdc@erols.com
Malaysia also has Consulates in New York City and Los Angeles.

U.S. EMBASSY IN MALAYSIA:

376 Jalan Tun Razak
50400 Kuala Lumpur
Tel: (6)(03) 2168-5000
Fax: (6)(03) 248-5801
E-mail: klconsular@state.gov

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children , as well as the Department of State publication, International Adoptions .

QUESTIONS: Specific questions regarding adoption in Malaysia may be addressed to the Consular Section of the U.S. Embassy in Kuala Lumpur. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, telephone 1-888-407-4747 with specific questions. Information is also available 24 hours a day from several sources.

Telephone

Office of Children’s Issues - recorded information regarding changes in adoption procedures and general information, 1-888-407-4747 .

State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225 .

Bureau of Citizenship and Immigration Services in the Department of Homeland Security - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet

The Consular Affairs web site at http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

BCIS web site- http://www.uscis.gov.

Other Information

Consular Information Sheets - Published by the State Department and available for every country in the world, providing information such as the location of the U.S. embassy, health conditions, political situations, and crime reports.