Adequacy of the law in protecting the rights of adopted children in Malaysia

Adoption is one of the means to protect children who have been deprived of parental care. The United Nation Convention on Rights of Child guaranteed such protection and as in other action con- cerning children, the principle of the best interest of the child must be primarily considered by the State...

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Main Authors: Che Soh @ Yusoff, Roslina, Abdul Hak, Nora, Md Hashim, Noraini, Md Said, Muhamad Helmi
Format: Conference or Workshop Item
Language:English
Published: Universitas Muhammadiyah Yogyakarta 2017
Subjects:
Online Access:http://irep.iium.edu.my/56532/
http://irep.iium.edu.my/56532/
http://irep.iium.edu.my/56532/1/56532_Adequacy%20of%20the%20Law%20in%20Protecting%20the%20Rights.pdf
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recordtype eprints
spelling iium-565322017-05-03T02:00:09Z http://irep.iium.edu.my/56532/ Adequacy of the law in protecting the rights of adopted children in Malaysia Che Soh @ Yusoff, Roslina Abdul Hak, Nora Md Hashim, Noraini Md Said, Muhamad Helmi K Law (General) KPG Malaysia Adoption is one of the means to protect children who have been deprived of parental care. The United Nation Convention on Rights of Child guaranteed such protection and as in other action con- cerning children, the principle of the best interest of the child must be primarily considered by the State parties when dealing with the process of adoption. In Malaysia, adoption process is governed under two main legislations, i.e. Adoption Act 1952 and Registration of Adoption Act 1952. This paper addresses the extent of these legislations and practices of the Court in Malaysia in ensuring the best interest of the child is guaranteed when dealing with adoption procedures and the protection provided after the adop- tion. One of the main issues to be highlighted is concerning the citizenship of the adopted child, particu- larly in a case where the child is not from Malaysia. Does the law give equal protection as provided to the adopted child born in Malaysia? This paper uses a qualitative data collection method where in-depth document analysis is carried out. Primary sources such as the Acts, Regulations, court orders and decision are scrutinised. On the other hand, secondary sources that are studied include law reports, law reviews and legal periodical articles. The study is significant as it addressed crucial concerns raised in reference to the current laws relating to the protection of adopted children in Malaysia. The paper ends with some possible recommendations that may spur improvement to the present legislations in ensuring that the rights of adopted children in Malaysia are duly protected. Universitas Muhammadiyah Yogyakarta 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/56532/1/56532_Adequacy%20of%20the%20Law%20in%20Protecting%20the%20Rights.pdf Che Soh @ Yusoff, Roslina and Abdul Hak, Nora and Md Hashim, Noraini and Md Said, Muhamad Helmi (2017) Adequacy of the law in protecting the rights of adopted children in Malaysia. In: International Conference on Law and Society 6 (ICLAS 6), 4th-7th April 2017, Yogyakarta, Indonesia. http://iclas6.umy.ac.id/
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KPG Malaysia
spellingShingle K Law (General)
KPG Malaysia
Che Soh @ Yusoff, Roslina
Abdul Hak, Nora
Md Hashim, Noraini
Md Said, Muhamad Helmi
Adequacy of the law in protecting the rights of adopted children in Malaysia
description Adoption is one of the means to protect children who have been deprived of parental care. The United Nation Convention on Rights of Child guaranteed such protection and as in other action con- cerning children, the principle of the best interest of the child must be primarily considered by the State parties when dealing with the process of adoption. In Malaysia, adoption process is governed under two main legislations, i.e. Adoption Act 1952 and Registration of Adoption Act 1952. This paper addresses the extent of these legislations and practices of the Court in Malaysia in ensuring the best interest of the child is guaranteed when dealing with adoption procedures and the protection provided after the adop- tion. One of the main issues to be highlighted is concerning the citizenship of the adopted child, particu- larly in a case where the child is not from Malaysia. Does the law give equal protection as provided to the adopted child born in Malaysia? This paper uses a qualitative data collection method where in-depth document analysis is carried out. Primary sources such as the Acts, Regulations, court orders and decision are scrutinised. On the other hand, secondary sources that are studied include law reports, law reviews and legal periodical articles. The study is significant as it addressed crucial concerns raised in reference to the current laws relating to the protection of adopted children in Malaysia. The paper ends with some possible recommendations that may spur improvement to the present legislations in ensuring that the rights of adopted children in Malaysia are duly protected.
format Conference or Workshop Item
author Che Soh @ Yusoff, Roslina
Abdul Hak, Nora
Md Hashim, Noraini
Md Said, Muhamad Helmi
author_facet Che Soh @ Yusoff, Roslina
Abdul Hak, Nora
Md Hashim, Noraini
Md Said, Muhamad Helmi
author_sort Che Soh @ Yusoff, Roslina
title Adequacy of the law in protecting the rights of adopted children in Malaysia
title_short Adequacy of the law in protecting the rights of adopted children in Malaysia
title_full Adequacy of the law in protecting the rights of adopted children in Malaysia
title_fullStr Adequacy of the law in protecting the rights of adopted children in Malaysia
title_full_unstemmed Adequacy of the law in protecting the rights of adopted children in Malaysia
title_sort adequacy of the law in protecting the rights of adopted children in malaysia
publisher Universitas Muhammadiyah Yogyakarta
publishDate 2017
url http://irep.iium.edu.my/56532/
http://irep.iium.edu.my/56532/
http://irep.iium.edu.my/56532/1/56532_Adequacy%20of%20the%20Law%20in%20Protecting%20the%20Rights.pdf
first_indexed 2023-09-18T21:19:46Z
last_indexed 2023-09-18T21:19:46Z
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