Court process for adoptions not tedious

Court process for adoptions not tedious

2010/02/07

THOSE who want to register adoptions in court should not fear the process.

Lawyer Andrew Suresh Thanaraja says the perception is that the court process is a long, tedious and public affair, but it is not true.

"Contrary to popular belief, the adoption procedures in courts are conducted in a very relaxed manner in chambers. It is very private.

"Adoption hearings are the only time you see judges and lawyers in a jovial mood. Some even take time out to play with the children that are up for adoption," he says.

When adoptive parents apply to the court for an adoption order, he says, they must have the child's birth certificate with them.

"So, if someone offers you a baby, make sure you have the birth certificate.

"In cases where the biological mother cannot be traced, you will have to apply to the court for an order."

He says adoptive parents who want to keep the child's status a secret can be assured of that now.

The Adoption Act 1952, which only applies to non-Muslims, was amended in 2001 to remove the term 'adopted', 'adopter' or 'adoptive' from the birth certificate.

"The birth certificate will have the adoptive parents' names as the biological parents. The adopted child need never know he or she is adopted.

"So don't go to syndicates. Those who do are being taken for a ride as they are charged huge sums and promised that they would be stipulated the biological parents in the birth certificates, when legal adoptions already provide for this."

Under the Adoption Act, he says, it was illegal for the procurement of a child to involve an exchange of money.

"But if the biological mother incurred RM6,000 to RM7,000 in maternity costs, for example, the courts have the discretion to allow adoptive parents to pay for it.

"In most cases, however, the adoptive parents would have paid the money earlier and they will not disclose that they had during the adoption process."

He says lawyer's fees to obtain an adoption order would not be more than RM5,000.

"If documents are in order, the case can be resolved with just two appearances in court.

"Adoptive parents are being fleeced by racketeers as they pay around RM20,000 for a boy and between RM10,000 and RM12,000 for a girl.

"They also have to pay RM2,000 to clinics for them to issue a letter saying that the child was born in their premises."