THE ADOPTION MAZE AND THE DESPERATION OF PARENTS
For Malaysian families who wish to adopt abandoned children, the process is fraught with obstacles.
Adoption laws differ for Muslim and non-Muslim children, though the classification of a foundling’s religion is often arbitrary. Even after navigating the adoption process, parents face an uphill battle to secure birth certificates and citizenship for their children.
Frustrated by bureaucratic inertia and discriminatory practices, some turn to middlemen and illegal channels to obtain documentation. In many cases, adoptive parents resort to registering the child as their biological offspring, erasing the child’s true origins.
This is not just a failure of law enforcement – it is a failure of the state to provide a humane, functional system for adoption and citizenship.
THE DEADLY CONSEQUENCES OF CRIMINALISING ABANDONMENT
Malaysia’s penalisation of child abandonment exacerbates the crisis. Fear of prosecution drives mothers – often single and vulnerable – to abandon newborns in unsafe conditions. In Malaysia, it is called “baby dumping”. Shockingly, 60 per cent of abandoned infants are found dead.
Instead of supporting these women or providing safe alternatives, the law pushes them into desperation, perpetuating a cycle of tragedy.
Malaysia need not look far for solutions. Morocco, an Islamic nation that once faced a similar orphan crisis, first implemented sweeping reforms to its family code (Mudawana) in 2004 and further improved the code to promote women’s rights in 2024. Key among the initial reforms was decriminalising child abandonment and establishing clear legal pathways for adoption under kafala, an Islamic guardianship system that maintains the child’s lineage while placing them in a loving home.
