Malaysia is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption ( Hague Adoption Convention ). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, intercountry adoption processing for Malaysia did not change.

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 American guardians may also want to review our Shari'a Adoption Flyer on Guardianship in Muslim Countries.

To bring an adopted child to United States from Malaysia, you must be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.

In addition to these U.S. requirements for prospective adoptive parents, Malaysia also has the following requirements for prospective adoptive parents:

• RESIDENCY REQUIREMENTS: The adoptive parent must be an "ordinary resident" in Malaysia, who has been working and living in Malaysia for at least two years prior to the application. Prospective parents may also be required to remain in Malaysia for two or more years during the process.
• AGE REQUIREMENTS: One of the prospective parents in non-Muslim adoptions must be at least 25 years old and at least 21 years older than the child. 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.
• MARRIAGE REQUIREMENTS: Marriage licenses from the prospective parents are required for an adoption application.
• INCOME REQUIREMENTS: There is no minimum income requirement, but all prospective parents are subject to house visits from a court-appointed guardian ad litem, usually a Social Office employee. These visits help investigate the background and circumstances of the prospective parents to verify all matters relevant to the proposed adoption.
• OTHER REQUIREMENTS:Prospective adoptive parents who are non-Muslims may NOT adopt Muslim children.

Malaysia has specific requirements that a child must meet in order to be eligible for adoption. You cannot adopt a child in Malaysia unless he or she meets the requirements outlined below.

In addition to these requirements, a child must meet the definition of an orphan under U.S. law for you to bring him or her back to the United States. Learn more about these U.S. requirements.

ELIGIBILITY REQUIREMENTS:

• Relinquishment Requirements:

  The prospective adoptive parents must obtain a statutory declaration (notarized affidavit) from the biological parent(s) relinquishing all parental rights towards the child.

• Abandonment Requirements:

  Both of the biological parent(s) must sign a letter of consent to relinquish their rights to the child. If they are unable to appear during court appointments, they must also sign affidavits to exempt their absences.

• AGE REQUIREMENTS:

  The age limit for a child to be adopted is 18 years old. For non-Muslim adoptions, one of the prospective parents must be at least 25 years old and at least 21 years older than the child.

• Waiting Period:

  For non-Muslim prospective parents, a notice to the Social Welfare Office and a petition must be filed to the Sessions Court through an appointed local lawyer. A court date within a few months will be assigned to appoint a guardian ad litem, after which the guardian will investigate and issue his/her findings within three months, after which the adoption order can be issued.

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

The Process

The process for adopting a child from Malaysia generally includes the following steps:

1. Choose an Adoption Service Provider
2. Apply to be Found Eligible to Adopt
3. Be Matched with a Child
4. Adopt the Child (or Gain Legal Custody) in Malaysia
5. Apply for the Child to be Found Eligible for Adoption
6. Bring Your Child Home

1. Choose an Adoption Service Provider
   
   The first step in adopting a child from Malaysia is usually to select a licensed agency in the United States that can help with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. Learn more about choosing the right adoption service provider.

2. Apply to be Found Eligible to Adopt
   
   To bring an adopted child from Malaysia to the United States, you must apply to be found eligible to adopt (Form I-600A) by the U.S. Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn how.
   
   In addition to meeting the U.S. requirements for adoptive parents, you need to meet the requirements of Malaysia as described in the Who Can Adopt section.

3. Be Matched with a Child
   
   If you are eligible to adopt, and a child is available for intercountry adoption, the central adoption authority in Malaysia will provide you with a referral to a child or you may identify a child independently. Each family must decide for itself whether or not it will be able to meet the needs of a particular child and provide a permanent family placement for the referred child.

   The child must be eligible to be adopted according to Malaysia's requirements, as described in the Who Can be Adopted section. The child must also meet the definition of an orphan under U.S. law. Learn more.

4. Adopt the Child (or Gain Legal Custody) in Malaysia
   
   The process for finalizing the adoption (or gaining legal custody) in Malaysia generally includes the following:
   • ROLE OF THE ADOPTION AUTHORITY: The Social Welfare Office is responsible for providing a guardian ad litem to investigate and report on the welfare of the child and circumstances surrounding the prospective parents.
   • ROLE OF THE COURT: The court is the primary authority on adoptions, as they issue the formal and final Adoption Order that transfers custody to the prospective parents. The Adoption Order also legally allows for the National Registration Department to change the child's birth certificate, replacing the names of the biological parents with that of the adopting parents.
   • ROLE OF ADOPTION AGENCIES: There are no agencies in Malaysia. All adoption inquiries should be directed to the Social Welfare Department, Ministry of National Unity and Social Development.
   • 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.
   • TIME FRAME: Can take around eight months to two years or more, depending on the religion of the child.
   • ADOPTION FEES: Adoption application fees are minimal and vary by region, but a lawyer must be hired to process Adoption Orders through the Sessions Courts. Lawyers' fees range from RM2,000 (US$570) to RM10,000 (US$2850). For more information on how to obtain a list of lawyers in Malaysia, please email the U.S. Embassy Kuala Lumpur's consular section at: KLconsular@state.gov.
   • DOCUMENTS REQUIRED: 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
     • Marriage certificate from the prospective adoptive parents
     • Notice letter to the Social Welfare Office stating the intentions to adopt

     NOTE: Additional documents may be requested. If you are asked to provide proof that a document from the United States is authentic, we can help. Learn how.

5. Apply for the Child to be Found Eligible for Adoption

   After you finalize the adoption (or gain legal custody) in Malaysia, the U.S Government, Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) MUST determine whether the child is eligible under U.S. law to be adopted (Form I-600). Learn how.

6. Bring Your Child Home

   Now that your adoption is complete (or you have obtained legal custody of the child), there are a few more steps to take before you can head home. Specifically, you need to apply for several documents for your child before he or she can travel to the United States:

   • Birth Certificate
     You will first need to apply for a new birth certificate for your child, so that you can later apply for a passport. Your name will be added to the new birth certificate.

   • Malaysian Passport

     Your child is not yet a U.S. citizen, so he/she will need a travel document or Passport from Malaysia.

   • U.S. Immigrant Visa
     After you obtain the new birth certificate and passport for your child, you also need to apply for an U.S. visa from the United States Embassy for your child. After the adoption (or custody for purpose of adoption) is granted, visit the U.S. Embassy for final review and approval of the child's I-600 petition and to obtain a visa for the child. If a married couple is adopting the child and only one of the parents will travel to Malaysia, that parent must be an American citizen. REMEMBER, both parents must still sign the original I-600.This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the "Panel Physician's" medical report on the child if it was not provided during the provisional approval stage. Learn more. The U.S. Embassy in Kuala Lumpur maintains current lists of doctors and sources for medical examinations that may be required.

     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.

     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 USCIS 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 USCIS can be found on USCIS's web site at http://www.uscis.gov.

     Detailed information about filing these forms can be found on USCIS'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 USCIS 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 USCIS office in the US.

     II. The Orphan Investigation

     One part of the petition process that USCIS 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.

     Note: Visa issuance after the final interview now generally takes 24 hours and it will not normally be possible to provide the visa to adoptive parents on the day of the interview.

Child Citizenship Act

For adoptions finalized abroad : The Child Citizenship Act of 2000 allows your new child to acquire American citizenship automatically when he or she enters the United States as lawful permanent residents.

For adoptions finalized in the United States : The Child Citizenship Act of 2000 allows your new child to acquire American citizenship automatically when the court in the United States issues the final adoption decree.

* Please be aware that if your child did not qualify to become a citizen upon entry to the United States, it is very important that you take the steps necessary so that your child does qualify as soon as possible. Failure to obtain citizenship for your child can impact many areas of his/her life including family travel, eligibility for education and education grants, and voting.

Learn more about the Child Citizenship Act.

Applying for Your U.S. Passport

A valid U.S. passport is required to enter and leave Malaysia. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.

Getting or renewing a passport is easy. The Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print-all in one place.

Obtaining Your Visa

In addition to a U.S. passport, you also need to obtain a visa. A visa is an official document issued by a foreign country that formally allows you to visit. Where required, visas are attached to your passport and allow you to enter a foreign nation.

To find information about obtaining a visa for Malaysia, see the Department of State's Country Specific Information.

Staying Safe on Your Trip

Before you travel, it's always a good practice to investigate the local conditions, laws, political landscape, and culture of the country. The State Department is a good place to start.

The Department of State provides Country Specific Information for every country of the world about various issues, including the health conditions, crime, unusual currency or entry requirements, and any areas of instability.

Staying in Touch on Your Trip

When traveling during the adoption process, we encourage you to register your trip with the Department of State. Travel registration makes it possible to contact you if necessary. Whether there's a family emergency in the United States, or a crisis in Malaysia registration assists the U.S. Embassy or Consulate in reaching you.

Registration is free and can be done online.

What does Malaysia require of the adoptive parents after the adoption?

After the adoption, adoptive parents have legal custody of the child and are not subject to any other restrictions or investigations. Parents must remember to obtain the newly-worded birth certificate as stipulated in the Adoption Order from the National Registration Department for the adoption to be finalized.

What resources are available to assist families after the adoption?

Many adoptive parents find it important to find support after the adoption. Take advantage of all the resources available to your family -- whether it's another adoptive family, a support group, an advocacy organization, or your religious or community services.

Here are some good places to start your support group search:

• Child Welfare Information Gateway
• North American Council on Adoptable Children

Note: Inclusion of non-U.S. Government links does not imply endorsement of contents.

U.S. Embassy in Malaysia
376 Jalan Tun Razak
50400 Kuala Lumpur
Tel: (6)(03) 2168-5000
Fax: (6)(03) 248-5801
Email: klconsular@state.gov

Malaysian Adoption Authority
Family and Children's Division
Social Welfare Department
21-23 ^rd Floor, Menara Tun Ismail Mohd Ali
Jalan Raja Laut
50562 Kuala Lumpur, Malaysia.
Tel: (60)(3) 2616-5802 - General Line
(60)(3) 2616-5865 - Adoption
Web: http://www.jkm.gov.my
Email: rosmaini@kempadu.gov.my

National Registration Department

Ministry of Home Affairs
Lot 2G5, Precinct 2
Federal Government Administrative Centre
62100 Federal Territory of Putrajaya
Tel: (60)(3) 8880-7000
Fax: (60)(3) 8880-7059
Web: http://www.jpn.gov.my

Embassy of Malaysia
2401 Massachusetts Avenue, NW
Washington, D.C. 20008
Tel: 328-2700
Email: mwwashdc@erols.com

Malaysia also has consulates in: New York City and Los Angeles

Office of Children's Issues
U.S. Department of State
2201 C Street, NW
SA-29
Washington, DC 20520
Tel: 1-888-407-4747
E-mail: AskCI@state.gov http://adoption.state.gov

U.S. Citizenship and Immigration Services (USCIS)
For questions about immigration procedures, call the National Customer Service Center (NCSC)
1-800-375-5283 (TTY 1-800-767-1833)