Ensuring the best interest of the child in adoption process: an overview of the practice 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 concerning children, the principle of best interest of the child must be primarily considered by the State parti...

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Main Authors:	Che Soh @ Yusoff, Roslina, Mohd, Azizah, Abdul Hak, Nora
Format:	Conference or Workshop Item
Language:	English
Published:	2013
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/31469/ http://irep.iium.edu.my/31469/2/ensuring_the_best_interest.pdf

id	iium-31469
recordtype	eprints
spelling	iium-314692014-01-23T07:07:20Z http://irep.iium.edu.my/31469/ Ensuring the best interest of the child in adoption process: an overview of the practice in Malaysia Che Soh @ Yusoff, Roslina Mohd, Azizah Abdul Hak, Nora K Law (General) 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 concerning children, the principle of 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. However, the principle of best interest of the child is not clearly provided under these two legislations. In addition, inter-country adoption is not in practice in Malaysia. This paper seeks to discuss the extent of the current legislation and practice of the Court in Malaysia in ensuring best interest of the child is guaranteed when dealing with adoption procedure and process. Thus, the relevant laws and decided cases will be examined. The paper also briefly addresses the issue of whether inter-country adoption would be an option for Malaysia and can be a factor in upholding the best interest of children. Finally, the paper discusses some possible recommendations that may spur improvement to the present legislation in ensuring the best interest of the child is duly guaranteed in the adoption process. 2013 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/31469/2/ensuring_the_best_interest.pdf Che Soh @ Yusoff, Roslina and Mohd, Azizah and Abdul Hak, Nora (2013) Ensuring the best interest of the child in adoption process: an overview of the practice in Malaysia. In: The 4th ISCI conference Child Indicators in a Globalized World: Implications for Research, Practice and Policy, 29-31 May 2013, Seoul National University, Seoul Korea.
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)
spellingShingle	K Law (General) Che Soh @ Yusoff, Roslina Mohd, Azizah Abdul Hak, Nora Ensuring the best interest of the child in adoption process: an overview of the practice 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 concerning children, the principle of 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. However, the principle of best interest of the child is not clearly provided under these two legislations. In addition, inter-country adoption is not in practice in Malaysia. This paper seeks to discuss the extent of the current legislation and practice of the Court in Malaysia in ensuring best interest of the child is guaranteed when dealing with adoption procedure and process. Thus, the relevant laws and decided cases will be examined. The paper also briefly addresses the issue of whether inter-country adoption would be an option for Malaysia and can be a factor in upholding the best interest of children. Finally, the paper discusses some possible recommendations that may spur improvement to the present legislation in ensuring the best interest of the child is duly guaranteed in the adoption process.
format	Conference or Workshop Item
author	Che Soh @ Yusoff, Roslina Mohd, Azizah Abdul Hak, Nora
author_facet	Che Soh @ Yusoff, Roslina Mohd, Azizah Abdul Hak, Nora
author_sort	Che Soh @ Yusoff, Roslina
title	Ensuring the best interest of the child in adoption process: an overview of the practice in Malaysia
title_short	Ensuring the best interest of the child in adoption process: an overview of the practice in Malaysia
title_full	Ensuring the best interest of the child in adoption process: an overview of the practice in Malaysia
title_fullStr	Ensuring the best interest of the child in adoption process: an overview of the practice in Malaysia
title_full_unstemmed	Ensuring the best interest of the child in adoption process: an overview of the practice in Malaysia
title_sort	ensuring the best interest of the child in adoption process: an overview of the practice in malaysia
publishDate	2013
url	http://irep.iium.edu.my/31469/ http://irep.iium.edu.my/31469/2/ensuring_the_best_interest.pdf
first_indexed	2023-09-18T20:45:40Z
last_indexed	2023-09-18T20:45:40Z
_version_	1777409658120568832

Ensuring the best interest of the child in adoption process: an overview of the practice in Malaysia

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