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In simple terms, adoption can be defined as the legal act of taking another person’s child to raise as your own or a legal process by which the child enters a new parent-child relationship. In Malaysia, two legislative regimes govern the adoption of children. The Registration of Adoptions Act (ROAA) 1952 applies to all Peninsular Malaysia adoptions. It takes Islamic law into account and makes it possible for Muslims to...

The law governing marriage and divorce in Malaysia does not explicitly deal with prenuptial agreements. This void, however, does not mean that prenuptial agreements are illegal in Malaysia. In jurisdictions where prenuptial agreements are recognised, they were traditionally used by the wealthy to protect their assets and ensure the wealth “stays in the family” in case of a divorce. These days, more couples tend to draw up prenuptial agreements to...

Guardianship in Malaysia is governed by the Guardianship of Infant Act 1961 (GIA). Under the GIA, “guardianship” means having custody of a child and being responsible for the child’s support, health, and education. The guardian also has control and management of the child’s property. In short, a guardian can be defined as a person with legal rights and responsibilities toward a child. A guardian’s duties A guardian has parental rights and duties...

In Malaysia, non-Muslim marriages are governed by the Law Reform (Marriage and Divorce) Act 1976. The Act regulates the rights of spouses, the procedures, and grounds for divorce. It also sets out the law regarding maintenance and child custody. The Act allows a married couple to file for divorce by filing a petition to the High Court. Marriages are separated into two groups: Marriages that lasted for more than two...