Child Protection Through Intercountry Adoption in Malaysia: A Literature Review

Abstract

Intercountry adoption is recognised at the international level as a child protection measure, particularly during the Second World War. The introduction of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption 1993 (Hague Convention 1993) has formally recognised intercountry adoption as one of the means of child care. However, in Malaysia, intercountry adoption is not formally practised and Malaysia is not a State party to the Hague Convention 1993. A review of intercountry adoption as a child protection measure in Malaysia from a legal perspective was conducted and four themes emerged, namely, (a) legal and policy framework; (b) legal issues; (c) sending and receiving states’ perspectives; and (d) Malaysian perspective. Results indicate that there is a comprehensive literature on intercountry adoption from a legal perspective but small literature in the context of Malaysia since it is not formally recognised as a child protection measure. At present, intercountry adoption is permitted based on the requirement of residence in the adoption statutes.