BY GROUP 8:
MUHAMMAD HARIZ BIN MD YUSOFF
NUR FARAH WAHEDA BT MAT REJAB
MUHAMMAD AIMAN BIN AZAHAN
AZIELAH BT HUSIN
Adoption formally or informally (fostering) is a common
practice in many communities around the world.
Literally, taking over. (i.e. taking over someone into relationship as a person’s own child.)
Encyclopedia Americana, adoption means the practice of forming a family by bringing
together children and parents who are genetically unrelated.
Parents and children in adoptive families have the same rights and responsibilities as in
families formed by birth, including the right to inheritance.
It is where the relationship is legalized by a legal process.
Legally, adoption means a process of transferring the entire legal parentage of a child
from his natural parents to the adoptive parents.
It is irrevocable and the only means by which all parental rights and duties can be
transferred during the parent’s lifetime.
One of the means
are subject of
Serves need of
people such as in
the family of a
couple who have
few or no
children at all.
Assist the family
that are unable to
raise and up
In Ancient Rome & Asia, adoption serves the purpose of
providing male heir for a childless couple or individual.
Sometimes adult were adopted for this purpose.
It become a tool of providing a family with additional
labourers or new church members.
Malaysia is a signatory to the Convention on the Rights
of Child (CRC).
“ In countries where adoption is recognized and/or allowed, it shall only be
carried out in the best interests of the child, and then only with the
authorisation of competent authorities, and safeguards for the child.”
Convention on the Rights of the Child 1989, Art.21.
from the RAA
This act is
An application for
This act provide
the court orders
defined as a
child who has
by the court to
be adopted or
was defined as
order to adopt
The requirement of consent
Being ordinarily resident in
To prove that the child has
been continuously in his
care and possession
The application must also
notify the Jabatan Kebajikan
Masyarakat in writing of his
intention to apply for an
adoption order in respect of
The adopter parents will shoulder the responsibility as
if they are the natural parents. (New parents are
It destroy the legal bind between the adopted child and
his/her natural parents
The adopted child’s rights are similar to the rights of a
The Registration of Adoptions Act takes into account Islamic law to make it
possible for Muslims to legally adopt children.
The Adoption Act does not apply to Muslims for 2 main reasons:
Islam requires that the child’s original identity and the identity of his birth
parents be kept on record for disclosure to the child at a suitable age.
-practice of “open adoption”
-to ensure that the adopted child does not enter into non-
permissible (Mahram) relationships with blood relatives
Islam does not recognize any change to a child’s inheritance rights despite
-rules of Islamic inheritance law (Fareid) apply to Muslims
-Muslim adoptive parents can however use their discretion to write up
1/3 of their estate as a gift (Hibah) for their adopted child.
Must be registered under Registration of Adoptions Act 1952.
1. The child must be in the custody of the adoptive parents, being brought up, maintained
and educated by them under informal adoption as their own child for at least 2 years
2. The adoptive parents have to produce evidence either oral or documentary as a proof that
the adoption really took place. (e.g: includes the letter of consent from the natural parents
of the child. If in the case of illegitimate child, his mother, for such adoption or a letter of
the custodial right of the child from the court or the Department of Social Welfare Malaysia
(DOSW) in case of an abandoned child.)
3. Requirement of age. The child must be under the age of 18 years old. For adoptive parents,
they must be above 25 years old or 18 years older than the adopted child in a case where
they are strangers to the adopted child.
4. The adopted child and adoptive parents must be ordinarily resident in West Malaysia.
5. The applicant must enclose the birth certificate of the child if he is born in Malaysia or his
travelling document, if he is born outside Malaysia for the purpose of registration.
ADOPTION IN ISLAM
Indeed, those who
devour the property of
orphans unjustly are
only consuming into
their bellies fire. And
they will be burned in a
Blaze.” (Surah An-
Nisa:10)Supports this concept
(they’re prime eligible
recipients for such help)
IMPLICATION OF ADOPTION
family name of
adopted child is
Girls that already reach
the puberty must cover
their aurah because non-
mahram to the new
Don’t have the right to
inherit all the wealth
but adoptive parents
can give- 1/3
EXAMPLE OF THE ISSUE :
Prophet married Khadijah, she gave him a slave known as Zayd
Their relationship were very close and Zayd personally
When his father and uncles came to know about his whereabouts, they
came to Mecca and told Prophet Muhammad that Zayd had been
captured by some thieves and sold into slavery
Zayd refused to leave Muhammad and go home with his father
The Prophet immediately responded by adopting Zayd
Zayd had grown up and was now a married
Allâh revealed some verses related to Zayd's
divorce in which He also talks about the issue of
`re-naming' the adopted children
“Call them by [the names of] their fathers; it is more just in
the sight of Allah . But if you do not know their fathers -
then they are [still] your brothers in religion and those
entrusted to you. And there is no blame upon you for that
in which you have erred but [only for] what your hearts
intended. And ever is Allah Forgiving and Merciful. (Surah