Effects of an Adoption Order in Malaysia: Rights, Name, Inheritance

What does an adoption order change in law?

An adoption order changes who the child's legal parents are, for good. Under section 9(1) of Act 257, all rights, duties, obligations and liabilities of the birth parents or guardians for the child's future custody, maintenance and education end, and vest in the adopters as if the child had been born to them in lawful wedlock.

An interim order under section 17 is different. It is not an adoption order. It gives the applicants custody for a probationary period of six months to two years, and the parental rights stay where they were until the court makes the final order.

What happens to the child's name and birth registration?

The child is re-registered. Within seven days of the order, the court sends a certified copy to the Registrar General at JPN (section 24), who records the adoption in the Adopted Children Register (section 25).

1. If the child is to take a new name or surname, the order states the new name instead of the original one (section 25(3)(b)).
2. Where the child's date of birth is not proved, the court determines a probable date, which is then recorded. This matters for a child whose birth was never registered.
3. Where the child's original birth entry can be identified, it is marked "adopted", and the records linking the old and new entries are closed to public search unless a court orders otherwise.
4. JPN issues a new certificate of birth that replaces the one issued under the Births and Deaths Registration Act 1957 (Act 299). The order directs that the words "adopted", "adopter" or "adoptive" must not appear on it (section 25A).

The new certificate names the adopters as parents and is accepted as evidence without further proof. In practice JPN asks for the original certificate to be surrendered and a fee to be paid. Our guide to the adoption process in Malaysia explains the steps that lead to the order.

Who maintains the child after adoption?

The adopters do. Section 9(1) moves the duty of future maintenance from the birth parents to the adopters, so a birth parent cannot be asked to support the child after the order, and the adopters cannot hand the duty back. Because the section speaks of future maintenance, any arrears that fell due before the order should be raised with your lawyer before you apply.

The Law Reform (Marriage and Divorce) Act 1976 (Act 164) treats a child adopted under an adoption order as a child of the adopting spouse. If adoptive parents later divorce, the court therefore deals with the child's custody and maintenance in the same way as for a birth child.

• An adopted child can claim, through a parent or guardian, maintenance from an adoptive parent who fails to provide it.
• If an adoptive parent dies because of someone else's wrongful act, the child is treated as the adopter's child for a claim for loss of support (section 9(8)).

A JPN registration under Act 253 is not an adoption order, so these rules do not clearly apply to it. Families with a registered adoption only should take advice on maintenance and custody, and should not assume the same protection.

How does an adoption order affect inheritance and wills?

A child adopted by court order inherits as the adopters' child. Under section 9(2), if the adopter, the adopted child or anyone else dies without a will after the order, the property passes as if the child were the adopter's lawful child and not the child of anyone else.

• The Distribution Act 1958 (Act 300) defines "child" to exclude adopted children other than a child adopted under the Adoption Act 1952. Section 29 of Act 257 points the same way. A court-adopted child therefore shares in an adoptive parent's estate on intestacy like a birth child.
• In a will or deed made after the order, a gift to "my children" includes the adopted child, and a gift to the birth parents' children no longer does (section 9(3)).

The change works both ways. If a birth grandparent dies without a will after the order, the child no longer inherits from that side, although any relative can still leave the child a gift in a will. After an adoption, both families should review their wills. The Distribution Act does not apply to the estates of Muslims, and it does not count a child whose adoption is only registered with JPN, so those families need a will, a hibah or a wasiat, as explained below.

How is a JPN registration under Act 253 different, and what about Muslim families?

A registration under Act 253 records an existing de facto adoption, meaning a child under 18 brought up as the applicants' own child for at least two years (section 6). It is open to Muslims and non-Muslims in Peninsular Malaysia. The Act does not say that registration transfers parental rights.

The Adoption Act 1952 does not apply to a Muslim adopter or a Muslim child (section 31), so Muslim families use Act 253. Under Islamic law, as explained by the Federal Territories Mufti's office, the child keeps his or her own lineage (nasab) and is not named "bin" or "binti" the adoptive father, adoption alone does not create mahram status, and the child does not inherit by faraid. Adoptive parents can provide for the child by hibah during their lifetime, or by wasiat, which for a non-heir is generally limited to one-third of the estate unless the heirs agree.

What does an adoption order not do?

An adoption order does not decide the child's citizenship. Citizenship is governed by Part III of the Federal Constitution, and the adoptive parents' nationality does not pass to the child automatically. In CCH & Anor v Pendaftar Besar bagi Kelahiran dan Kematian, Malaysia (Federal Court, 19 November 2021), an adopted boy was declared a citizen under the constitutional presumption for abandoned newborns, not because of his adoption. In June 2026, the Court of Appeal again held in a reported appeal that an adoption order did not make a child's adoptive parents her parents at birth for citizenship purposes. Where the child is not a citizen, the adoptive parents may consider an application for registration under Article 15A, which government statements say is limited to children under 18 from 1 June 2026.

• An order is meant to be permanent. Act 257 has no procedure for revoking an order once made, although it can be set aside on appeal and a child can later be adopted again by new adopters (section 18).
• An order does not update the child's other documents, such as MyKid, passport and school records; use the new birth certificate to do so.

To check whether you qualify, see who can adopt in Malaysia, or for a spouse's child, stepchild adoption. Our family law team advises on the effects of an order for your family after reviewing your documents at a consultation.