There are two forms of adoptions recognised under Malaysian law.

• Court-authorised adoption under the Adoption Act 1952, applicable to non-Muslims only.
  
• Registration of a de facto adoption under the Registration of Adoptions Act 1952.

Court-Authorised Adoption

If you are a non-Muslim and you desire to adopt a child, you must satisfy either one of the following criteria:

• In the case of a joint application by you and your spouse, you, your spouse, and thechild must be ordinary residents in West Malaysia.
  
• Either you or your spouse must attain the age of 25, and is at least 21 years older than the child (unless there are special circumstances).
  
• You must be at least of the age of 21, and is a relative of the child, or is the mother or father of the child.
  

If the Court authorises the adoption, the adoptive parents will be vested with all the rights, duties, obligations and liabilities of a natural parent and the rights of the natural parent(s) of the child are extinguished.

Cohabiting couples, be it heterosexual or same-sex, are NOT allowed to adopt a child jointly.

An adoption order will be usually denied where the sole applicant is a male and the child is a female (unless there are special circumstances)

Registration De Facto

If you and your spouse have continuously taken care, maintained, educated a child for two years of more, you and your spouse may jointly apply to the Registrar of Adoptions to adopt the child who has been in your custody for the past two years. Note that both applicants and the child must be ordinary residents in West Malaysia at the time of the adoption.

Adoption through de facto registration is merely an administrative process, which confers the adoptive parents the custodial rights to look after and make decisions for the child. This form of adoption applied to Muslims and non-Muslims