Adoption

Can a Child’s Surname Be Changed After Adoption in Malaysia?

Besides the adoption procedure itself, one issue that is often raised by parents is whether a child’s surname can be changed after adoption, or whether the child can take the surname of the adoptive parent or current family unit. 

Under the Births and Deaths Registration Act 1957, an application to change the name of a child whose birth has already been registered must generally be made within one (1) year from the child’s date of birth. Such an application is made to the nearest Jabatan Pendaftaran Negara (JPN). 

However, a change of surname is not automatically allowed merely because family circumstances have changed. Based on the firm’s existing surname-change content, such a change is generally not allowed unless there is a clerical mistake in spelling or the application is made within the permitted one-year period. 

This issue commonly arises in situations such as: 

• where a remarried parent wishes the child to follow the parent’s surname or the current spouse’s surname; 

• where the child was registered under an ex-boyfriend’s surname; 

• where the parents were not legally married at the time of registration; 

• where one parent has stopped contributing maintenance; or 

• where there are disputes over guardianship or legal parentage. 

As a general position, if the legal requirements are not fulfilled, the application to change the child’s surname may not be approved by JPN. The existing article also notes that, for name-change applications involving a child, the issue of legal guardianship may also be relevant. 

Adoption and Surname Issues Should Be Considered Carefully

Although adoption and change of surname are related concerns in practice, they are not always the same legal process. Parents should not assume that a successful adoption application will automatically result in a child’s surname being changed. 

Where adoption, guardianship, birth registration, or surname issues arise together, it is important to seek proper legal advice so that the correct steps may be taken in the proper sequence. Obtaining legal guidance at an early stage can help parents better understand their rights, avoid unnecessary complications, and ensure that the relevant procedures are handled correctly. 

If you require advice on adoption, guardianship, or the change of a child’s surname in Malaysia, our family law team is here to assist. Contact Low & Partners for legal advice tailored to your circumstances. 

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• The Star: Change of Child's Name "Parents turn to cyberspace for inspiration" --- 5/1/2014
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