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Adoption: Time to review law, rules PDF Print E-mail
Monday, 28 July 2008 08:41am

©New Straits Times (Letters Section) (Used by permission)
by K.N. Damodaran, Kota Tinggi

FIFTY-SIX years after adoption laws were formulated, the women, family and community development minister is looking at the Adoption Act 1952 (Act 257) and the Registration of Adoption Act 1952 (Act 253) with a view to amending certain sections and adding new sections in line with present-day realities ("Adoption Act under review" -- NST, May 27).

Act 257 can only be applied to non-Muslims and it comes under the jurisdiction of the courts, whereas Act 253 is applicable to all, including Muslims, and comes under the jurisdiction of the National Registration Department (NRD).

I suggest that the ministry get feedback from district welfare officers whose suggestions would be helpful in formulating a good act for the future of the children.

I wish to highlight a few suggestions from my experience as a welfare officer:

- Adoption of a child should be by two spouses jointly and not any person (single male) -- Section 6 (1) Act 253.

- Include compulsory registration with the Welfare Department after the consent for adoption has been signed by the magistrate/commissioner for oaths, so that the supervision of the child could be carried out immediately and also to check on abuse.

- The NRD should insist on a social report on the child and the adoptive family before considering the approval of the adoption.

- The adopted child should be put under the supervision of a welfare officer for a period of time deemed fit by the NRD/court.

- When issuing a birth certificate to a baby born in a private clinic, the mother should furnish a certificate from government clinic/hospital to confirm that she has recently delivered. This is to safeguard and prevent the sale and switching of babies illegally.

- The NRD should also check on the marital status of non-Muslim parents of the baby to make sure they are legally married according to the Law Reform (Marriage & Divorce Act 1976 (Act 164).

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