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Supporting Adoptive Families in KL

"The child is the starting point in the decision to adopt, not the adoptive parents in search of a child." (http://www.iss.org.au/serviceadoptions.html)

Adoption KL

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2) support those living in KL who have adopted.
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May 08

Adoption Act 1952 Act 257

Adoption http://www.malaysianbar.org.my/adoption_.html PDF Print E-mail

Monday, 14 August 2006 05:58pm

 

Adoption is a legal way for an adult single person or a married couple to become the legal parents of a child. Paying money to adopt a child is a criminal offence.

Adoption can be done through the National Registration Department [Registration Of Adoption Act 1952 (ACT 253)] or through the Court [Adoption Act 1952 (ACT 257].

1. The child to be adopted

A child must be under the age of 18.

2. Who can adopt.

The person who is adopting must be

· at least 25 years old and is not less than 21 years older than the infant but this latter requirement may be waived by the court if adopter is a relative or a mother of the child.
· jointly by a husband and wife.
· a widow or widower or an unmarried or divorced person, with the consent of the Minister of Health and Welfare.
· a person who married the natural parent of the child..
· The child was under the care of the adoptor for at least three months prior to the adoption.
· The child is ordinarily resident in Malaysia

Note: a sole adopter who is a male cannot adopt a female child, unless special circumstances exist

3. Procedure for adoption –

A. Adoption Act 1952 (ACT 257).

i. An application may be made to the High Court or Sessions court in the prescribed form.

ii. With the consent from the natural parents for adoption.

The consent of the parents can be dispensed with by the court

· where the parent or guardian has not fulfilled his natural or legal duties towards the child by abandoning, neglecting or ill treating him/her or
· where the parent or guardian cannot be found or is incapable of giving any consent or where the consent is unreasonably withheld

iii. Pending adoption order the court will appoint a guardian ad litem to safeguard the interest of the child.

iv. Once the guardian ad litem is appointed, the court will fix a time for hearing of the application.

v. An adoption order will be, made by the court only if:

· it is satisfied that the consent of the parent or guardian of the child or the person liable to contribute to the support of the child has been obtained
· that the adoption is in the best interest of the child.

B. De facto adoption.

De facto means "existing in fact, whether legally recognized or not". Under De facto adoption the child is being raised, supported and educated by any person or husband & wife as their child.

Registration of de facto adoption can be made if

· the child is under the age of 18 and is not married;
· is in the custody of and is being brought up by the applicant;
· maintained and educated by the person for a period not less than 2 years before the application

i. Registration through the Registration Department - Jabatan Pendaftaran Negara. Registration Of Adoption Act 1952

Note: Although “The Registration of Adoptions Act 1952” provides for the registration of De facto adoptions. By virtue of the registration of the adoption, the adopted child does not acquire the status of a lawful child.

Complete Form JPN.AA02 and submit with the following documents:-

· Birth certificate of the child;
· Statutory Consent by the natural parents or mother if the child is illegitimate (If there is no consent for adoption from the natural parents or mother if the child is illegitimate then the case will be referred to the Social Welfare Department for approval)
· Marriage Certificate of the Adoptive Parents
· Birth certificate of the other children
· Other Adoption Certificate (if any)

A fee of RM30.00 for processing is required.

ii. Any person who has De facto adoption of the child can apply to the court to adopt the child - Section 8 Adoption Act 1952 (ACT 257)

In this instance the court can make an order
o notwithstanding that the child is female and the applicant is male
o without requiring the consent of any natural or guardian of the child being obtained
o the court is satisfied that in all circumstances it is just and equitable for the welfare of the child concerned.

If a child is adopted this way the child is legally adopted and acquires the status of a lawful child.

Image

Giving Hope To Orphans

I recently found the article below after a search on orphanages. It really angered me, the narrow view point of the writer missed some fundamental ideas about orphanages, such as it is a safe place to leave a baby or child, or the desperation some parents feel about the situation they are in and their inability to raise their child. On top of this the writers ignorant understanding of birth parents and the decisions they have to make in raising or not raising their children.  How lucky the writer is not to have been in the tough situation to have no choice but to abandon their child to the world in a hope some one else could step up to the plate. 
 
However what angered me most was the missed message about orphanages in Malaysia, why are these children never adopted or adoptable??? I have been in contact with a few people recently that are interested in adopting older children, but with no luck!  In a country where orphanages are bursting at the seams with children, it seems to be that once they are in they the children will never have a chance, they have no paper work, we can't contact the birth parents, we can't release parental rights, at what point are these children considered abandoned and freed for adoption? Apparently the answer is never.  Please if you have information on this or know more about the adoption law please let me know.  Maybe we need to approach parliment, give these children a chance at a family!
 

by Dexter Mah

Recently I had the opportunity to visit an orphanage called Hannah Home in Canning Garden, Ipoh. I brought my young daughter along. She gave packets of food and drinks to the little kids. The delight on their cherubic faces was most heart-warming. 

There are about 40 children staying in this little house, some as young as a few months old. The orphanage was set up about five years ago by a couple who have devoted their lives to providing a better future for underprivileged children. The orphanage survives solely on the generosity and kindness of the residents living near and far.  

There is this little girl at the home who caught my eye. She is about three years old, with bright sparkling eyes and a smile that could melt your heart. I asked her what she wanted for her birthday and in a barely audible voice, she whispered “mummy”. 

I went silent for a moment. 

This sweet child had apparently been left at the orphanage when she was two by her mother. Efforts by Hannah Home’s founder Carol Cheng Penner to trace the mother came to nought. 

I was informed by Carol that this girl would from time to time stand by the door quietly while the other orphans played. There was sometimes a tinge of sadness in her eyes as she scoured the surroundings. Carol said she did not have the heart to shatter this little girl’s dream of having her mummy walk through the gates one day to finally take her home.  

There was another infant girl who caught my attention. Abigail had a congenital heart problem and her mother abandoned her at the hospital. Barely 11 months old, she had endured more medical treatment than any adult would ever want to face in his or her lifetime. Carol took this baby home and, by some miracle, Abigail has grown into a beautiful little princess.  

No matter how immune you are to stories of abandoned children and the plight of orphans, nothing can prepare you for the stark reality and the longings of an innocent child.  

I cannot understand how a parent can leave his or her own flesh alone in this merciless world. It just does not make sense when you read so much about infertility problems and the trials and tribulations childless couples have to face as they undergo all forms of treatment.  

I am not out to vilify the parents who abandon their children. But I write in the hope that they will realise the repercussions of their decisions and actions.  

There are perhaps a multitude of reasons why they leave their children behind. Young, unwed mothers still face social stigma. Not many young girls, probably just out of their teens, have the strength and courage to face the world and the burdens of motherhood.  

In most instances, the father bolts at the first possible opportunity.  

So the poor girl chooses the easiest way out – forget the past. This is evident from the many cases of abandoned newborns.  

Mentally and physically disabled children have often been abandoned, too.  

Yayasan Latihan Insan Istimewa at Taman Camay, off Jalan Pasir Puteh, Ipoh, is a privately funded shelter for the disabled. It is home to some 30 residents whose ages range from one to 30. Most of them are severely disabled. Some of the residents have been left at the home by parents who promised to send money. None came. Some have been staying there for more than a decade. 

We will never know why parents resort to this and we can only speculate. Some parents may be unable to cope with the physical and financial demands of raising such children but some are just not prepared to face the reality of being parents to such children.  

These privately run orphanages give abandoned children a second chance. A number of charges from Hannah Home who have completed their studies and are now gainfully employed, have made their way back to the home to help their other “siblings”.  

These orphanages are in constant need of funds and depend greatly on the generosity of the public. With the increasing number of children in the homes, the cost of maintenance has gone up, too. The least we can do is to offer a little help and encouragement so that these children can have a brighter future. 

April 21

Which Indian's?

I found this article in the Starmag on Sunday and thought it interesting to post after all most of us have Indian or mixed Indian children. I thought it interesting to know about the varying Indian groups living in Malaysia. 

Sunday April 20, 2008 StarMag

Which Indians?

By MARTIN VENGADESAN



To non-Indians, there are just Indians. Ask an ‘Indian’ what he is, though, and he would say he’s a Malayalee, or a Telegu, or any one of the other language-specific communities, of which there is a bewilderingly large number.

A YOUNG Sikh man and a young Ceylonese woman fell in love. They courted secretly for years until they finally decided that they wished to marry.

The nervous couple parted to return home and break the news to their respective families, and were greeted, amidst much gnashing of teeth and pulling of hair, by the identical chastisement: “Why lah you have to go and marry an Indian!”

Now that particular little nugget may be an urban legend, but there is some validity to the assertion that many of the different Indian communities view themselves as having a separate identity of their own that should be recognised by others.

This view is held not just in India, which is home to many of the world’s religions and boasts more than 20 official languages, but also all over the world where there are Indian communities, including in Malaysia where Indians are a significant minority.

Surely that view is justified, for after all, who in his right mind expects homogeneity in a region of nearly 1.5 billion people (if you factor in Pakistan, Bangladesh, Sri Lanka, and Nepal)?

But as Indians move away from traditions (some of which, some might argue, are poisonous ones) like the caste system and arranged marriages, just how much of the Indian sub-continent’s rich and varied history is being lost to current generations?

Two recent developments brought this question to the fore.

The first was a faux pas committed by newly elected Perak Mentri Besar Mohammad Nizar Jamaluddin who last Sunday mistakenly referred to the Sikh community as Bengali, when indeed the community has its roots in Punjab (see map, right).

Another was the almost bewildering confluence of religious festivals that occurred over the last two weeks – Vaisakhi, Poila Boishakh, Ugadi, Vishu, and the Tamil New Year also coincided with Thailand’s Songkran festival and other regional celebrations.

The Punjabi/Bengali difference

As I attempted a thorough investigation into this vast realm, I soon became overwhelmed by the sheer diversity of the various Indic peoples (generally divided into the northern Indo-Aryan and southern Dravidian groups).

For example, I learnt that there are Punjabis who don’t practice Sikhism but who come from the same geographical region and speak the same language as the Sikhs. These Punjabis are Hindus, so one cannot factually say that to be Punjabi and to be Sikh are synonymous. And there are Punjabis who are Muslim and Christian, too.

Malaysia Hindu Sangam president Datuk A. Vaithilingam explains that confusion over the specific race, religion, and language of the various Indian communities is nothing new, and that the Punjabi/Bengali error is a particularly common one.

“Many Malaysians make that mistake. This has been an error that dates back to the British colonial era when many Sikhs were brought to Malaya.

“Through some form of miscommunication, perhaps because the Sikhs came through the Bengali port of Calcutta, this incorrect title has continued to be applied.”

A variety of responses to the issue have emerged.

Khalsa Dharmic Jatha Gurdwara vice-president Baljit Singh was very displeased: “That utterance (by the MB) has made the Sikhs a laughing stock of other communities,” he was quoted as saying in The Star on Tuesday.

Dr Sarjit S. Gill, Universiti Putra Malaysia’s professor of Social Anthropology, adopts an altogether different stance, though: “I view the MB’s statement as a blessing in disguise because I welcome the debate. I don’t think we should blame him. Firstly, we should blame ourselves, especially the Sikh organisations and gurdwaras (temples) in Malaysia.

“I have attended many seminars and programmes conducted by Sikhs in Malaysia where non-Sikhs are not invited to join in simply because we do not want ‘others’ to know our problems. So how can we get upset if we are a closed community and other groups don’t understand us well enough?”

However, network engineer Nirmal Singh feels that our nation’s political leaders should make more of an effort to understand the various communities.

“I am used to this sort of ignorance, but while I have seen it among children and young adults, I didn’t expect a political leader to make such a gaffe. There is a huge difference between Punjabis and Bengalis.”

Nirmal Singh does admit, however, that he himself is not very well-versed in the differences between other Indian communities such as the Tamils, Malayalees, Telugus, etc: “I suppose because we have a different religion we expect others to understand the differences.” (Tamils, Malayalees, and Telugus are usually Hindus.)

The same, yet different?

Such confusion is probably aided and abetted by the plethora of Indian festivals.

The Hindu Sangam’s Vaithilingam explains that festivals are one of the best examples of both the commonalities and differences between Indian communities.

“Many regions of India have their own unique festivals, although often they might be linked. Telugus celebrate Ugadi according to the lunar calendar whereas Tamils follow the solar calendar. Songkran and many similar festivals in Cambodia, Laos, and Sri Lanka occur at around the same time because they followed the Singhalese New Year (which is based on the lunar calendar).”

Dr Krishanan Maniam, an associate professor in Universiti Malaya’s (UM) Department of Indian Studies, explains that the community’s representation in Malaysia differs vastly from that in India.

“It’s true that Indians in Malaysia come from various parts of India but a vast majority of them are from the south of India, (the state of) Tamil Nadu specifically. You also have significant numbers of Telegus, Malayalees, Kannadas, and so on.” (See map for where these people come from within India.)

Because, historically, Tamils formed a majority among Malaysian Indians, they soon became linguistically dominant among the South Indian communities: “Even though (the south Indians) brought many languages to the country, in Malaysia, Tamil became the lingua franca among the South Indians. This meant that Telegu-speaking families, for example, eventually became more fluent in Tamil!”

Prof N. Kanthasamy, who is also with UM’s Indian Studies Department, feels that while the differences between the various Indian communities should be studied and appreciated, they should not be over-emphasised.

“I think in a modern, progressive Malaysia we should try to overcome our differences and think of ourselves as Malaysians first. If we harp on these traditional factors too much we are back to square one.”

Still he does concede that the study of Indian history reveals many fascinating common points.

“If you look at history, you will see why the differences can be confusing. In India itself, during the Chola dynasty, which lasted many centuries (from the 9th to 12th centuries), the whole of Southern India was under one rule.

“During this time, the Tamil language became dominant, and it is the root language from which the other South Indian languages sprang.”

In fact, there are even a few Tamil words like kapal (ship), tali (string), and raja (king) that have influenced the Malay language!

“Since that time,” explains Prof Kanthasamy, “there have been numerous separations and unifications of (states in) southern India, and it was only as recently as the 1950s that Madras State became split along the lines of language.

“From that, you had the emergence of the Telugu-, Kannada-, and Malayalee-speaking states (Andhra Pradesh, Karnataka, and Kerala, respectively).

“When people from these peoples came to Malaysia in large waves under the British, these groups were all classified as Indian, without much distinction.

Aside from sheer numbers, another reason that Tamils and their language may seem dominant in Malaysia is that the Telegu, Malayalee, and Punjabi language schools that existed up until the late 1970s eventually closed down, Prof Kanthasamy explains.

“These communities scattered, and there wasn’t enough enrolment in their schools, whereas the Tamils have had the numbers to keep their schools going.”

Maintaining identities

Dr S. Kumaran, another Indian Studies department expert, feels that the “dilution” of tradition is inevitable

“Unlike Indians from India, Malaysian Indians are not always well-schooled in tradition. In most cases, we cannot identify each other’s community visually, and so we rely on language, and even that can be mixed up.

“And let’s not forget that even at home, many Indians choose to speak English over their mother tongue.

“Still, to those who do follow tradition, there are true differences, especially in India. Each community will very often have its unique traditional clothing, ways of preparing food, and so on.

“The Malayalees, for example, might tie their saris differently, cook certain dishes unique to their community, and celebrate, say, Onam, but, again, some of these traditions don’t survive very strongly in modern Malaysia.”

Even names don’t necessarily offer much of a clue about a person’s roots anymore: “In Malaysia we have left behind the culture of using clan names like Rao and Naidu for Telegus, and Nair and Menon for Malayalees,” explains Dr Krishanan.

As Malaysia’s Indian society moves away from traditionalist mores that still hold sway in parts of India, we can expect a further blurring of communal lines, says Prof Kanthasamy.

“Intermarriage across communities is another factor that is breaking down such barriers.

“While you do have certain staunch traditionalists, many Indians are marrying outside their community and, often, outside their race,” he says.

“Arranged marriages are on the way out, and people tend to chose their own partners, perhaps based on educational and economic background more than race, language or even religion.”

So why then is there a need to focus on what makes us culturally unique? That there is some need is underlined by the irate mail that is quick to arrive at The Star whenever someone from outside the communities makes a mistake and glosses everyone with the same “Indian” brush.

“Economic factors might be a reason that communities in Malaysia might still want to emphasise their differences,” muses Prof Kanthasamy.

“For example, while many Indian Tamils originally came here in the late 19th century and first half of the 20th century as indentured labourers, the Malayalees and Ceylonese Tamils were brought in to perform more ‘educated’, white collar jobs, such as clerical work.

“Thus, there may be a desire to maintain that socio-economic distinction.

“Nowadays, as the communities become more prosperous, they may also feel more confident about exploring and safe-guarding their roots.

“I believe even Astro has played a part in arousing interest as it offers programmes for Telegu and Malayalee speakers.”

Festive fervour

THERE are hundreds of festivals celebrated throughout the sub-continent. These are some that Malaysians might be familiar with, as South Asian communities living in this country mark them. Dates indicated are for this year.

APpic

Ponggal – Tamil harvest festival (Jan 14)

Thaipusam – South Indian festival honouring Lord Muruga (Jan 23)

Holi (pic above) – North Indian “festival of colours” celebrating the first full moon of spring (March 22)

Gudi Padwa – Maharashtrian New Year (April 6)

Ugadi – Telugu and Kannada New Year (April 7)

Puthandu – Tamil New Year (April 13)

Vaisakhi – Commemorates both the establishment of the Khalsa (collective body of Sikhs baptised by Guru Gobind Singh in 1699) and the harvest festival (April 14)

Members of Sikh communities around the world celebrate Vaisakhi in April. In Paris, they put on a show of their warrior skills. – AFP

Poila Boishakh – Bengali New Year (April 14)

Vishu – Malayalee New Year (April 14)

Onam – Malayalee harvest festival (Sept 12)

Navaratri – Nine-day festival commemorating goddess Durga (Sept 29)

Deepavali – Festival of Lights (Oct 28)

March 22

Let's Play Adoption

 
This is a great idea and something easy to introduce to the pre-school age.  Play is such an important aspect in a childs life that a huge impact can be made to their understanding of concepts with little stress and tantrum.  If the play is getting to serious they will just walk away.  I like the idea of playing adoption with my girls as they get older.
February 21

T-Shirt Craze

  It seems that we can get t-shirts to advertise everything these days.  Recently I was in a local store  and came across this shirt
 
And initially I was impressed (bare with me).  I am happy we are an adopted family, I am proud that we are multicultural.  It also made me think if I can encourage more adoption then I am proud to do that and celebrate how our family came to be. I like to encourage other people to think about adopting as a way to start a family. 
 
But then I digested it more, thought about it more and came to a sudden conclusion.  I don't need to wear a shirt to advertise it, it is not about advertising it (we do that enough just walking around).  We don't need to.  It is not a trend, it is not hip, people don't adopt because other people adopt (well at least they shouldn't).  We need an asian baby because everyone else has one, how ridiculous.  We adopt because we want to raise children.  I love being a mum, caring for them and loving them, not because Angelina did it (I hate this comment the most).  I am not her, I respect her for her choices, she is a good face to show how normal adoption can be, she is a great advocate for adoption.  But again she is not advertising it, it just happens to be part of a her lifestyle that is very public due to her celebrity status.  
 
To adopt because of trend will just screw kids up and it is just wrong, and that is not something I need to advertise.  This shirt is wrong, it was meant to be a joke, but no one is laughing. 
 
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Feb. 8
FionaMummywrote:
Hi everyone,
just had to tell you all about the new safey hat I got for my baby boy.  John is 1 year old now and learning to walk.  He fell and split his head even though I was watching him carefully.  I just didnt catch him in time.  I felt really BAD!  But now he has a thudguard baby protective hat that saves him from bumps and bruising.  I will give you the link so you can see how cute it is;  www.thudguard.com
Dec. 5