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A findings on adoption in Malaysia by my group...

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  2. 2. Adoption formally or informally (fostering) is a common practice in many communities around the world.
  3. 3.  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.
  4. 4. One of the means to protect children without family. To protect children who are subject of abuse. Serves need of people such as in term of complementing the family of a couple who have few or no children at all. Assist the family that are unable to raise and up bring their children.
  5. 5. 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.
  6. 6. Differing from the RAA This act is applicable to non-Muslim only An application for legal adoption through court order This act provide the court orders upon an application made An ‘adopted child’ was defined as a child who has been authorized by the court to be adopted or re-adopted The ‘adopter’ was defined as a person authorized by an adoption order to adopt the child
  7. 7. The requirement of consent Being ordinarily resident in West Malaysia 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 child.
  8. 8. The adopter parents will shoulder the responsibility as if they are the natural parents. (New parents are created) 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 natural child
  9. 9. 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 the adoption. -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.
  10. 10.  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 continuously. 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.
  11. 11. ADOPTION IN ISLAM CONCEPT OF HELPING ORPHAN AND POOR CHILDREN 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 HELP The legal consequence s Islamic and non- Islam
  12. 12. IMPLICATION OF ADOPTION Changing the family name of adopted child is not allowed. Girls that already reach the puberty must cover their aurah because non- mahram to the new family Don’t have the right to inherit all the wealth but adoptive parents can give- 1/3
  13. 13. EXAMPLE OF THE ISSUE : Prophet married Khadijah, she gave him a slave known as Zayd bin Hâritha. Their relationship were very close and Zayd personally accept Islam 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
  14. 14. Zayd had grown up and was now a married man 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