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  • 13 November 2024

Boundless Horizons | Lee Sok Wah: Appeal to the Home Minister to Stop Prosecuting Innocent Adoptive Parents in Court

To the Secretary of the Home Minister

Subject: Request to Halt Prosecution of Adoptive Parents in Court and Expedite Issuance of Birth Certificates for Adoption Procedures

Dear Madam,

With the utmost respect, we refer to our letter and memorandum sent to the Honorable Datuk Seri on 20 September 2024, via email and courier. The aim is to request the halt of prosecuting adoptive parents in court and to expedite the issuance of birth certificates (MyKid) for adoption procedures. We are respectfully requesting a personal meeting with the Honorable Datuk Seri to discuss the memorandum related to the above matters.

  1. We mention the above matter because more and more adoptive parents are being prosecuted for not complying with the legal adoption procedures of the National Registration Department (JPN). We believe many adoptive parents unintentionally violate the law without any malice. Our memorandum aims to request the relevant authorities to reassess the legal procedures for those adoptive parents who inadvertently violate the adoption process.
  2. In recent years, we have handled many adoption-related cases. Before the new procedures came into effect, JPN would typically issue a new birth certificate without the names of the adoptive parents when the child’s citizenship was canceled due to appearance or skin color differences during MyKad applications. This allowed them to continue the adoption process in court. Once a legal new birth certificate was obtained, adoptive parents could apply for citizenship for their adopted children, usually waiting many years for a result.
  3. However, we have noticed that JPN now takes stricter measures by bringing adoptive parents to court and charging them with criminal offenses. As a result, adoptive parents face tremendous emotional and financial pressure, while their adopted children lack legal identification documents.
  4. We believe such severe punishment is unfair to adoptive parents who are only acting in the best interests of their adopted children’s welfare. In developed countries like the United Kingdom and the United States, adoptive parents receive financial support from the government. Why should adoptive parents in Malaysia, who lack procedural and legal knowledge, be harshly punished when their only intention is to provide a better life for their children?
  5. To reduce the number of innocent adoptive parents facing legal action, the law needs to be strengthened from the outset. A more comprehensive investigation should be conducted before issuing birth certificates to ensure no confusion or errors in the process, avoiding adoptive parents facing legal penalties after raising the child for 12 years.
  6. We are currently handling six cases where adoptive parents have acknowledged their procedural and legal oversights and are waiting for JPN to issue birth certificates to continue the legal adoption process. Unfortunately, they have been waiting for a long time, and the birth certificates have yet to be issued by JPN. (Enclosed adoption case chart as Attachment A)
  7. Our memorandum requests the re-evaluation of these cases before the procedures are implemented to avoid punishing adoptive parents who inadvertently violate the law. We also suggest providing clearer support and guidance to adoptive parents to help them understand and comply with all legal procedures without facing severe penalties. Children growing up in Malaysia should receive identification documents to ensure they have a recognized status in their country.
  8. Along with the memorandum, we also attach two cases we are handling to assist the applicants and their adopted children in obtaining identification documents. (Case status summary enclosed as Attachment B)
  9. As responsible citizens, we believe it is crucial to address these issues as they significantly impact many individuals and families. We sincerely hope to share our views and insights to promote positive change.
  10. We understand that the Honorable Datuk Seri is very busy, but we believe a brief meeting would help explore these pressing issues. We are willing to accommodate the Honorable Datuk Seri’s schedule.
  11. We hope you and the Honorable Datuk Seri will give due consideration to this issue and help alleviate the burden on adoptive parents who only seek to provide a better life for their adopted children.
  12. Thank you once again for considering our request. We look forward to the possibility of discussing this important issue with the Honorable Datuk Seri.

Sincerely,

Lee Sok Wah & Co

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