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U.S. DEPARTMENT of STATE — BUREAU of CONSULAR AFFAIRS

Intercountry Adoption

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Country Information

Malaysia

Malaysia
Malaysia
Exercise normal precautions in Malaysia. Some areas have increased risk. Read the entire Travel Advisory.

Reissued after periodic review with minor edits.

Exercise normal precautions in Malaysia. Some areas have increased risk. 

Exercise Increased Caution in:

  • The eastern area of Sabah State due to kidnapping.

Read the country information page for additional information on travel to Malaysia.

If you decide to travel to Malaysia:

Eastern Area of Sabah State – Level 2: Exercise Increased Caution

There is a threat of kidnappings-for-ransom from both terrorist and criminal groups. These groups may attack with little to no warning, targeting coastal resorts, island resorts, and boats ferrying tourists to resort islands.

The U.S. government has limited ability to provide emergency services to U.S. citizens in eastern Sabah as U.S. government employees must obtain special authorization to travel to parts of eastern Sabah.

... [READ MORE]

Hague Convention Participation

Hague Adoption Convention Country?
No

Hague Convention Information

Intercountry adoptions to the United States from Malaysia may be possible.  Intercountry adoptions from the United States to Malaysia are not currently possible.

Malaysia is not a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention or Convention).  Please see more detail below in the Who Can Adopt, Who can be adopted, and How to adopt for more details on the intercountry adoption steps involving Malaysia.

Adoptions of children who are not related to the prospective adoptive parents are not common in Malaysia.  Far more common are informal fostering arrangements of children within extended family groups.  (Note:  Participation in such informal fostering arrangements may not by itself be sufficient to qualify a child to immigrate to the United States).  Prospective adoptive parents must be “ordinarily resident” in Malaysia, i.e. working and living in Malaysia, as defined by the Social Welfare Department, at the time of the adoption application.  In addition, Malaysian law may require prospective adoptive parents to remain in Malaysia for up to two years to complete a fostering period prior to finalizing the adoption. 

Different procedures apply to adoptions of non-Muslim and Muslim children. For example, prospective adoptive parents file their adoption applications with different Malaysian entities, depending on whether the adoption is of a Muslim or non-Muslim child.  Only Muslim prospective adoptive parents may adopt Muslim children. 

Sabah and Sarawak: Regulation and procedures relating to the adoption of a child in Sabah and Sarawak are different from those applicable in Peninsular Malaysia.

Muslim Children
The Registration of Adoption Act of 1952 (Act 253) governs adoptions of Muslim children in Peninsular Malaysia. The Sabah Syariah Court Enactment 2004, and the rules of the Sabah Syariah Court govern the adoptions of Muslim children in Sabah. The Adoption Ordinance 1958 (Sarawak CAP.91) and Adoption Ordinance (Amendment) 2002 (Chapter A100) govern adoptions of all children in Sarawak. Prospective adoptive parents may wish to review our FAQ Information “Adoption of Children from Countries in which Islamic Shari’a Law is Observed.”

Non-Muslim Children
The Adoption Act of 1952 (Act 257) governs adoptions of non-Muslim children in Peninsular Malaysia. The Adoption Ordinance 1960 (Sabah No.23 of 1960) governs adoptions of non-Muslim and non-native children in Sabah.  The Native Adoption Regulations 1961 governs adoptions of native children in Sabah.  The Adoption Ordinance 1958 (Sarawak CAP.91) and Adoption Ordinance (Amendment) 2002 (Chapter A100) govern adoptions of all children in Sarawak. 

We are aware there are also prospective adoptive parents who reside abroad who wish to adopt a child from the United States.  Please see our section on Adoptions from the United States for more information on the process for adopting a child from the United States.  

Under the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), which became effective on July 14, 2014, the requirement that adoption service providers be accredited or approved, and therefore meet the accreditation standards, which previously only applied in Convention cases, also applies in non-Convention (“orphan”) cases under section 101(b)(1)(F) of the Immigration and Nationality Act (INA).  The UAA requires that an accredited or approved adoption service provider act as the primary provider in every non-Convention intercountry adoption case, and that adoption service providers providing any adoption services, as defined at 22 CFR Part 96.2, on behalf of prospective adoptive parents be accredited or approved or be a supervised or exempted provider.  See additional Department of State guidance and U.S. Citizenship and Immigration Services (USCIS) guidance for limited situations when a primary provider may not be required.  Intercountry adoptions of children from non-Convention countries continue to be processed under the Orphan Process with the filing of the Forms I-600A and I-600.  However, adoption service providers should be aware of the information on the USCIS website on the impact of the UAA on Form I-600A and Form I-600 adjudications, including the requirement that all home studies, including home study updates and amendments, comply with the home study requirements listed at 8 CFR 204.311, which differ from the orphan home study requirements that were in effect before July 14, 2014.

U.S. Immigration Requirements

To bring an adopted child to the United States from Malaysia, you must meet certain suitability and eligibility requirements.  USCIS determines who is suitable and eligible to adopt a child from another country and bring that child to live in the United States under U.S. immigration law. For more information, please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations.

Aditionally, a child must meet the definition of an orphan under U.S. immigration law in order to be eligible to immigrate to the United States with an IR-3 or IR-4 immigrant visa.

Caution: Although U.S. citizens generally must follow the orphan adoption process to adopt a child from a non-Convention country, the Family-Based Petition Process (Form I-130) may be an option for U.S. citizens and lawful permanent residents to petition for their adopted child.  There are significant differences between the orphan and the Family-Based Petition Process.  For more information about specific Form I-130 requirements for adopted children, see the USCIS website and the USCIS Policy Manual, Vol. 5.  

Who Can Adopt

In addition to being found suitable and eligible to adopt by USCIS, prospective adoptive parents seeking to adopt a child from Malaysia must meet the following requirements:

  • Minimum Residency:
    • To adopt a non-Muslim child, the prospective adoptive parent(s) must be "ordinarily resident" in Malaysia, i.e. they must have been working and living in Malaysia prior to the application.  The Department of Social Welfare determines who is or is not “ordinarily resident.”  Prospective adoptive parents are also required to remain in Malaysia during the adoption process, which may take three months to one year.  
    • To adopt a Muslim child, the prospective adoptive parents must have cared for or fostered the child for at least two years prior to the adoption application and therefore should have been living with the child in Malaysia for at least that period.

  • Age of Adopting Parents: 
    • When adopting non-Muslim children, one of the adopting parents must be at least 25 years old and at least 21 years older than the child.  If the prospective adoptive parent is a relative of the child, he/she must be at least 21 years of age.  
    • When adopting Muslim children, one of the prospective adoptive parents must be at least 25 years old and at least 18 years older than the child.  If the prospective adoptive parent is a brother, sister, uncle, or aunt of the child, he/she must be at least 21 years old.
  • Marriage: Prospective adoptive parents must submit their marriage license as part of the adoption application.  Single individuals may adopt with some restrictions, e.g. males may not adopt female children.  Same-sex couples may not adopt.
  • Minimum Income:  None.
  • Other requirements: In some cases, prospective adoptive parents are subject to home visits from a court-appointed guardian, usually a Social Welfare Officer from the national Social Welfare Department.  The court-appointed guardian will investigate the background and circumstances of the prospective adoptive parents to verify their overall suitability, including their ability to care for the child and family stability.  In many cases, the Social Welfare Department will exempt the prospective parents from home visits, and instead accept the report prepared by the court-appointed guardian.

Who Can Be Adopted

Under the INA 101(b)(1)(F), a child can be considered an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from both parents, or in the case where there is a sole or surviving parent who is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption.

In addition to qualifying as an orphan under U.S. immigration law, the child must also meet the following requirements of Malaysia:

  • Eligibility for adoption: In adoptions of both Muslim and non-Muslim children, the prospective adoptive parents must obtain a statutory declaration (notarized affidavit), provided by either the national Sessions or High Court, in which biological parent(s) relinquish all parental rights of the child.  Both biological parent(s) must sign this statutory declaration.  If they are unable to appear during court appointments, they must also sign affidavits to exempt their absences.
  • Age of Adoptive Child: A child must be under 18 years of age in order to be adopted in Malaysia. Please note that for a child to meet the definition of an orphan under U.S. immigration law, a Form I-600, Petition to Classify Orphan as an Immediate Relative, must be filed on the child’s behalf while the child is under the age of 16 (or under the age of 18 if the child is the birth sibling of another adopted child who meets the age and other requirements to immigrate based on adoption by the same adoptive parent(s)).  Please see the USCIS website and Form I-600 instructions for special rules on filing dates for children aged 15-16 or siblings under 18.

Caution: Prospective adoptive parents should be aware that not all children in orphanages or children’s homes are eligible for adoption.  In many countries, birth parents place their child(ren) temporarily in an orphanage or children’s home due to financial or other hardship, intending that the child return home when possible. In such cases, the birth parent(s) have rarely relinquished their parental rights or consented to the adoption of their child(ren).

How to Adopt

Malaysia’s Adoption Authority
Family and Children’s Division of the Social Welfare Department
Ministry of Women, Family and Community Development

The Process
The process for adopting a child from Malaysia generally includes the following steps:

  1. Choose a U.S. Accredited or Approved Adoption Service Provider To Act as Your Primary Provider
  2. Apply to USCIS to be Found Suitable and Eligible to Adopt (Form I-600A) (or file a Form I-600 combination filing to have USCIS review both your suitability and eligibility as an adoptive parent and the child’s status as an orphan at the same time)
  3. Apply to Malaysia’s Authorities to Adopt, and to be Matched with a Child
  4. Adopt the Child in Malaysia
  5. Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan (Form I-600)
  6. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States
  7. Obtain U.S. Citizenship for Your Child

1. Choose a U.S. Accredited or Approved Adoption Service Provider to Act as Your Primary Provider 

The accredited agency or approved person you identify as the primary provider is responsible for:

  • Ensuring that all six adoption services defined at 22 CFR 96.2 are provided consistent with applicable laws and regulations;
  • Supervising and being responsible for any supervised providers, and otherwise complying with the requirements regarding the provision of adoption services using other providers (see 22 CFR 96.14); and
  • Developing and implementing a service plan in accordance with 22 CFR 96.44.

Only accredited agencies, approved persons, supervised providers, exempted providers, public domestic authorities, and public foreign authorities may provide adoption services in intercountry adoption cases.

For more information on primary providers and the UAA, please see Universal Accreditation Act of 2012.  See additional guidance for limited situations when a primary provider may not be required.  Learn more about Agency Accreditation.

2.  Apply to USCIS to be Found Suitable and Eligible to Adopt (or file a Form I-600 combination filing to have USCIS review both your suitability and eligibility as an adoptive parent and the child’s status as an orphan at the same time)

In order to adopt a child from Malaysia, you will need to meet the requirements of the Government of Malaysia and U.S. immigration law.  

To meet U.S. immigration requirements, you may choose to file a Form I-600A, Application for Advance Processing of an Orphan Petition, with USCIS, to be found suitable and eligible to adopt. Please see the USCIS website for more information about filing options.  If you have already identified the child you wish to adopt, you may alternatively choose to file the Form I-600 petition for the child and include all the required supporting documentation for the Form I-600A application (i.e. an approved home study) so USCIS can make a determination on your suitability and eligibility to adopt before reviewing the child’s eligibility as an orphan.  Please see USCIS webpages on suitability determinations and USCIS policy guidance on adoptive parent suitability determinations.  Unless an exception applies, the home study must be prepared by a person who is authorized under 22 CFR 96 to prepare home studies and who holds any license or other authorization required by the law of the jurisdiction where the home study is conducted (unless a public domestic or public foreign authority).  The home study must comply with the requirements in 8 CFR 204.311 and USCIS policy.

3. Apply to Malaysia’s Authorities to Adopt, and be Matched with a Child

If you are found suitable and eligible to adopt under U.S. immigration law, Malaysia requires you to submit an adoption application to the Family and Children’s Division, Social Welfare Department, Ministry of Women, Family and Community Development of Malaysia of Malaysia to be found eligible to adopt by Malaysia.

When adopting a child, prospective adoptive parents may identify a prospective adoptive child privately through friends or relatives in Malaysia or through the national Social Welfare Department.  Once the prospective adoptive parents have identified a child, they must obtain a statutory declaration (notarized affidavit) from the biological parent(s) relinquishing all parental rights of the child.  (The affidavit is waived if the biological parents cannot be found, or if they have abandoned the child.)  The prospective adoptive parents notify the Social Welfare Department of the Malaysian State in which they are resident of their intention to apply for an Adoption Order for the child.  If the Social Welfare Department identified the child, an "offer" letter will be issued to the prospective adoptive parents.  This notification must be in writing.  Regardless of how the child was identified, the prospective adoptive parent(s) must have been “ordinarily resident” in Malaysia at the time they file the petition with the Sessions or High Court and must continue to reside with and care for the child in Malaysia for not less than three consecutive months afterwards.  The competent adoption authority or other authorized entity in Malaysia will review your adoption dossier and, if an appropriate match is found, may provide you with a referral.  We encourage families to consider consulting with a medical professional and their adoption service provider to understand the needs of the specific child, but you must decide for yourself whether you will be able to meet the needs of and provide a permanent home for a specific child.  You must also ultimately adhere to the USCIS’ suitability determination (i.e. typically the Form I-600A approval notice) with respect to the number of children you are approved to adopt and the characteristics of the child(ren) (such as age, gender, nationality, and/or special need, disability, and/or impairment) that you are approved to adopt.  Learn more about Health Considerations

The child must be eligible to be adopted according to Malaysia’s requirements, as described in the Who Can Be Adopted section.  The child must also meet the definition of an orphan under U.S. immigration law.  

4.  Adopt the Child in Malaysia 

The process for finalizing the adoption in Malaysia generally includes the following:

Role of Adoption Authority:  

  • When adopting a non-Muslim child, the national Social Welfare Department is responsible for providing a court-appointed guardian to investigate and report on the background and circumstances of the child and the prospective adoptive parents, including the financial and emotional stability of the family and whether there was financial compensation involved in the adoption and, if so, if it was in the best interests of the child.  The guardian’s final report is submitted to the Sessions or High Court on the day of the hearing.
  • When adopting a Muslim child, the National Registration Department is the relevant authority able to register an adopted child (see additional information below). 

Role of the Court:  

  • The Sessions or High Court is the primary authority on adoptions of non-Muslim children, as it issues the final Adoption Order that transfers guardianship, custody, and all rights and obligations to the child to the prospective adoptive parents.  The Court may either issue an Adoption Order or an Interim Order, which awards custody of the child to the adoptive parent(s) for a probationary period of six months to two years, subject to provisions for the maintenance, education, and supervision of the welfare of the child. 
     
    The Adoption Order legally allows the National Registration Department to change the child’s birth certificate, replacing the names of the biological parents with those of the adopting parents. The Registrar of the Court sends a certified copy of the Adoption Order to the National Registration Department and to the adoptive parent(s) within seven days.  The Registrar-General enters the Adoption Order in the Adopted Children Register.  The Register entry serves as the child’s official record instead of the original birth certificate.  The adoptive parent may apply for a certified copy of the entry in the Adopted Children Register through the Registrar-General.

  • When adopting a Muslim child, a court petition is not required.  The Muslim prospective adoptive parents apply directly to the National Registration Department to document the child as his/her adopted child.  To qualify, the prospective adoptive parents must have resided with and had continuous custody of the child for a period of no less than two years.  The application should include evidence relating to the care, maintenance, and education of the child during the two years from the date of the biological parents’ statutory declaration (notarized affidavit) relinquishing all parental rights of the child. 
     
    If the National Registration Department is satisfied with the evidence submitted, it will make an entry in the Adopted Children Register and deliver a certified copy to the adoptive parents.  If the Registration Department is not satisfied with the evidence, an officer from the national Social Welfare Department will investigate the well-being of the child.  Children adopted under the Registration of Adoptions Act cannot assume the name of or inherit property from the adoptive parents.

Role of Accredited or Approved Adoption Service Providers: 
There are no accredited or approved agencies in Malaysia.  All adoption inquiries should be directed to the Family Services Division, Social Welfare Department, Ministry of Women, Family and Community Development.

As noted above, any agency or person providing an adoption service on behalf of prospective adoptive parents in any non-Convention intercountry adoption case must be accredited or approved or be a supervised or exempted provider.  

Adoption service means any one of the following six services, 22 CFR 96.2 Definitions:

  • Identifying a child for adoption and arranging an adoption; 
  • Securing the necessary consent to termination of parental rights and to adoption; 
  • Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study; 
  • Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child; 
  • Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or 
  • When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement. 

Note: See additional guidance for limited situations when a primary provider may not be required. 

Adoption Application:

  • When adopting non-Muslim children, local legal counsel may assist adoptive parents with filing a notice of intention to adopt with the National Social Welfare Department.  Adoptive parents who wish to register the adoption by court order must apply through a law firm with the Court (either Session or High).  
  • When adopting Muslim children, prospective adoptive parents may apply directly to the National Registration Department.   

Time Frame: Intercountry adoptions in Malaysia may take approximately eight months to two years depending on fostering requirements to complete. 

Adoption Fees: 

  • We encourage prospective adoptive parents to obtain detailed receipts for all fees and donations paid, either by them directly or through their U.S. adoption service provider, and to raise any concerns regarding any payment that you believe may be contrary to U.S. law, or the law of Malaysia, with your adoption service provider, and, when appropriate, through the Complaint Registry.  Improper payments violate applicable law,  or create the appearance of buying a child, and could put all future adoptions in Malaysia at risk.  The Foreign Corrupt Practices Act, for instance, makes it unlawful to make payments to foreign government officials to assist in obtaining or retaining business.  Further, the UAA and IAA make certain actions relating to intercountry adoptions unlawful, and subject to civil and criminal penalties.  These include offering, giving, soliciting, or accepting inducement by way of compensation intended to influence or affect the relinquishment of parental rights, parental consent relating to adoption of a child, or a decision by an entity performing functions as a competent authority, or to engage another person as an agent to take any such action. 
  • In the adoption services contract that you sign at the beginning of the adoption process, your adoption service provider will itemize the fees and estimated expenses related to your adoption process.  Some of the fees specifically associated with adopting from Malaysia include: 
    • Adoption application fee from RM3 ($0.60) to RM30 ($6.40)
    • Birth certificate fee from RM5 ($1) to RM55 ($12)
    • Malaysian passport fee of RM100 to RM 200 ($25-50), depending on the child’s age
    • Lawyers’ fees which usually range from RM2,000 (US$400) to RM15,000 (US$3,200). 

For more information on how to obtain a list of lawyers in Malaysia, please email the U.S. Embassy Kuala Lumpur’s consular section at: KLACS@state.gov.

Documents Required:  
For adoptions of non-Muslim children, the prospective adoptive parents must present the following documents to the Malaysian Social Welfare Department under the Ministry of Women, Family and Community Development:   

  • His/her valid passport;
  • The original birth certificate of the prospective adoptive child;
  • Statutory declaration (notarized affidavit) containing consent from the biological parent(s);
  • Marriage certificate from the prospective adoptive parent(s), if married; and
  • Notice letter to the Social Welfare Department stating the intention to adopt.

For adoptions of Muslim children, prospective adoptive parents must present the statutory declaration (notarized affidavit) from the biological parents to the National Registration Department, along with proof that they have cared for the child for at least two years.

Note: Additional documents may be requested.

Authentication of Documents:  You may be asked to provide proof that a document from the United States is authentic.  The U.S. Department of State’s Authentications Office has information on the subject.

5. Apply for Your Child to be Found Eligible to Immigrate to the United States as an Orphan

After you finalize the adoption in Malaysia, USCIS must determine if the child meets the definition of an orphan under U.S. immigration law in order for the child to immigrate to the United States.  You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative, on behalf of the child and unless a limited exception applies, you must identify a primary provider. 

If you have a valid Form I-600A approval, you may file your Form I-600 petition in the United States with the USCIS National Benefits Center, or at the U.S. Embassy in Kuala Lumpur, Malaysia.  Please see the USCIS website for more information about filing options.

When a Form I-600 petition is adjudicated by USCIS in the United States, the U.S. Embassy must complete a Form I-604, Determination on Child for Adoption (sometimes informally referred to as an orphan determination), to verify the child’s orphan status.  

When a Form I-600 petition is filed with the U.S. Embassy, the consular officer must complete the Form I-604, Determination on Child for Adoption, to verify the child’s orphan status.  

Conducting the Form I-604 determination is a critical part of the non-Convention adoption process.  It can take approximately three to four weeks to complete, depending upon the circumstances of your case.  Consular officers appreciate that families are eager to bring their adopted child home as quickly as possible.  Some of the factors that may contribute to the length of the process include prevailing fraud patterns in the country of origin, civil unrest or security concerns that restrict travel to certain areas of the country, and the number of determinations performed by available staff.  Consular officers make every effort to conduct them as quickly and thoroughly as possible.  You are advised to keep your travel plans flexible while awaiting the results.

6. Secure a U.S. Immigrant Visa if You Intend to Reside with Your Child in the United States 

Once your adoption is complete and the Form I-604 determination has been completed, finding that your child meets the legal definition of an orphan for immigration purposes, there are a few more steps to take before your child can enter the U.S.  

Your child will need an immigrant visa if you intend to reside in the United States with your child.  If instead you intend to continue residing overseas with your child but still seek naturalization of your child by application (Form N-600K), you will not need an immigrant visa, but you may need a different type of visa to complete the process. Please discuss this with the consular officer handling your case and consult the USCIS website for more information.

You need to obtain three documents before you secure a visa so your child can travel to the United States:

Birth Certificate or Adoption Certificate

You will need to obtain a new or updated birth certificate for your child.  

  • For adoptions of non-Muslim children under Act 257, adoptive parents will be issued an Adoption Order allowing them to apply for a new birth certificate. 
  • For adoptions of Muslim children under Act 253, adoptive parents will be issued a certificate of adoption and not a birth certificate.  The certificate of adoption has the same validity as a birth certificate in most circumstances and can be used for the purpose of school registration, application for identity card, application for passport and other official transactions.

If you have finalized the adoption in Malaysia, you will need to obtain a Certificate of Birth or a Certificate of Adoption for your child, with your name on it.

If you have been granted legal custody for the purposes of emigration and adoption of the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name.

After the court issues the adoption order, the prospective parents may register the adoption with the National Registration Department to receive the new birth certificate or the certificate of adoption, which lists the names of the adoptive parents.  The adoptive parents must provide identification to obtain the new birth certificate or the adoption certificate. 

Malaysian Passport
Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Malaysia.

The adoptive parents may apply for a Malaysian passport for the child at any local immigration office.  For a list of the offices that can accept a Malaysian passport application visit the following website: https://www.imi.gov.my/index.php/perkhidmatan-utama/pasport/pasport-malaysia-antarabangsa/.  Adoptive parents must bring their U.S. passports and the child’s new certificate of birth or certificate of adoption, along with other required items, to apply.  The fee is RM100 (approximately USD 22).  In general, Malaysian passports are processed and issued on the same day, if applying in person.  

U.S. Immigrant Visa
After you obtain the new birth certificate and passport for your child and you have filed Form I-600, you will then need to apply for a U.S. immigrant visa for your child from U.S. Embassy  Kuala Lumpur if you intend to bring your child to reside in the United States with you.  This immigrant visa allows your child to travel home with you and be admitted to the United States as your child.  As part of this process, you must provide the consular officer with the Panel Physician’s medical report on the child.  Read more about the Medical Examination.

You must complete an Electronic Immigrant Visa Application (DS-260) online at the Consular Electronic Application Center (CEAC) after receiving a letter from the National Visa Center (NVC) confirming receipt of the approved Form I-600 petition and assignment of a case number and an invoice ID number.  Print and bring the DS-260 confirmation page to the visa interview.  Review the DS-260 FAQs, our Online Immigrant Visa Forms page, or contact NVC at NVCAdoptions@state.gov if you have questions about completing the online DS-260 form.

7. Obtain U.S. Citizenship for Your Child 

If you obtain an immigrant visa for your child, USCIS will mail your child either a permanent resident card (green card), or a Certificate of Citizenship, after your child enters the United States. If you plan to reside outside the United States with your child (and, therefore, may not benefit from an immigrant visa for your child), please see the relevant section below. 

For adoptions finalized abroad before the child’s admission into the United States:  A child who was adopted abroad and has satisfied Immigration and Nationality Act (INA) 101(b)(1)(E), INA 101(b)(1)(F), or INA 101(b)(1)(G) requirements, who is residing in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence generally will acquire U.S. citizenship after admission if the child is under the age of 18 when these conditions are met. 

Depending on the visa your child receives, their age, and the other INA 320 requirements, you may not need to take any additional action for your child to acquire U.S. citizenship.  However, if your child does not meet the requirements of INA 320 at the time of admission into the United States, you may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met.  More information is available on the USCIS website.

For adoptions not finalized until after the child’s admission to the United States:  
If the adoption is not finalized before the child is admitted to the United States, the child’s adoptive parent(s) must complete the adoption (or re-adoption or obtain judicial recognition of the foreign adoption) in the United States before the child turns 18 for the child to automatically acquire U.S. citizenship (if the child otherwise meets the requirements of INA 320).  You may file a Form N-600, Application for Certificate of Citizenship, once the requirements are met.  More information is available on the USCIS Fact Sheet:  Securing U.S. Citizenship for Your Child.

If you reside outside the United States with your child, you may file a Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 with USCIS to obtain a Certificate of Citizenship for your child if your child satisfies the requirements of INA 322. 

Note: If you are a military service member or U.S. government employee who chooses to seek an immigrant visa for your child versus completing the Form N-600K process, you may need to use Form N-600 to apply for a Certificate of Citizenship.  Please note, however, that USCIS cannot mail Certificates of Citizenship abroad for children who acquire citizenship under INA 320.

Read more about INA 320 and 322 in the USCIS Policy Manual and USCIS website U.S. Citizenship for an Adopted Child.

Traveling Abroad

Applying for Your U.S. Passport
U.S. citizens are required to enter and depart the United States on a valid U.S. passport.  Once your child acquires U.S. citizenship, s/he will need a U.S. passport for international travel.  Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.

Getting or renewing a passport is easy.  The Department of State’s Passport Application Wizard will help you determine which passport form you need, help you to complete the form online, estimate your payment, and generate the form for you to print all in one place.

Obtaining a Visa to Travel to Malaysia
In addition to a U.S. passport, you may also need to obtain a visa.  Where required, visas are affixed to your passport and allow you to enter a foreign nation.  To find information about obtaining a visa for Malaysia, see the Department of State’s country page.

Staying Safe on Your Trip
Before you travel, it is always a good practice to investigate the local conditions, laws, political landscape, and culture of the country.  The Department of State provides country information for every country in the world about various issues, including health conditions, crime, currency or entry requirements, and any areas of instability.

Staying in Touch on Your Trip
When traveling abroad during the adoption process, we encourage you to enroll with the Department of State through our Smart Traveler Enrollment Program (STEP) to receive important information from the U.S. Embassy about safety conditions in your destination country.  Enrollment makes it possible for the U.S. Embassy or Consulate in Malaysia, to contact you in an emergency, whether natural disaster, civil unrest, or family emergency.  Whether there is a family emergency in the United States or a crisis in Malaysia, enrollment assists the U.S. Embassy or Consulate in reaching you.

Enrollment is free and can be done online via the Smart Traveler Enrollment Program (STEP).

After Adoption

Post-Adoption/Post-Placement Reporting Requirements
We urge you to comply with Malaysia’s post-adoption/post-placement requirements in a timely manner.  Your adoption service provider may be able to help you with this process.  Your cooperation will contribute to Malaysia’s positive experiences with U.S. citizen adoptive parents.

Post-Adoption Resources
Many adoptive parents find it important to find support after the adoption.  There are many public and private nonprofit post-adoption services available for children and their families. There are also numerous adoptive family support groups and adoptee organizations active in the United States that provide a network of options for adoptees who seek out other adoptees from the same country of origin.  You may wish to take advantage of all the resources available to your family, whether it is another adoptive family, a support group, an advocacy organization, or your religious or community services.  Your primary provider can provide or point you to post- placement/post-adoption services to help your adopted child and your family transition smoothly and deal effectively with the many adjustments required in an intercountry adoption.  

The U.S. Department of Health and Human Services maintains a website, the Child Welfare Information Gateway, which can be a useful resource to get you started on your support group search. In particular you may find the pages on  Parenting After Adoption - Child Welfare Information Gateway and Post Adoption and Permanency Support Services - Child Welfare Information Gateway useful. 

COMPLAINTS
If you have concerns about your intercountry adoption process, we ask that you share this information with U.S. Embassy Kuala Lumpur, particularly if it involves possible fraud or misconduct specific to your child’s case.  The Department of State takes all allegations of fraud or misconduct seriously.  Our Adoption Comment Page provides several points of contact for adoptive families to comment on their adoption service provider, their experience applying for their child’s visa, or about the Form I-600/A process.

The Complaint Registry is an internet-based registry for filing complaints about U.S. accredited or approved adoption service providers.  If you think your provider's conduct may not have been in compliance with accreditation standards, first submit your complaint in writing directly to your provider.  If the complaint is not resolved through the provider's complaint process, you may file the complaint through the Complaint Registry

Contact Information

U.S. Embassy in Malaysia
376 Jalan Tun Razak
50400 Kuala Lumpur
Malaysia
Tel:  (6)(03) 2168-5000
Fax:  (6)(03) 248-5801
Email:  klconsular@state.gov 
Internet: https://my.usembassy.gov/

Malaysia’s Adoption Authority
Family and Children’s Division
Social Welfare Department
Ministry of Women, Family and Community Development
21-23rd Floor, Menara Tun Ismail Mohd Ali
Jalan Raja Laut
50562 Kuala Lumpur, Malaysia.
Tel:  (60)(3) 2616-5802 – General Line; (60)(3) 2616-5865 – Adoption
Email:  rosmaini@kempadu.gov.my 
Internet:  jkm.gov.my 

National Registration Department 
Ministry of Home Affairs 
Lot 2G5, Precinct 2 
Federal Government Administrative Centre 
62100 Federal Territory of Putrajaya 
Tel:  (60)(3) 8880-7000 
Fax:  (60)(3) 8880-7059 
Internet:  jpn.gov.my

National Registration Department Sabah
Aras 1-5, Blok B, Kompleks Pentadbiran Kerajaan Persekutuan,
Jalan UMS, Likas, 88400 Kota Kinabalu, Sabah
Tel: (60) 88-488 300
Fax: (60) 88-488 326
Internet:  jpn.gov.my

National Registration Department Sarawak
Tun Datuk Patinggi Tuanku Haji Bujang Building,
93551 Kuching, Sarawak
Tel: (60) 82-242 221
Fax: (60) 82-258 295
Internet:  jpn.gov.my

National Registration Department 
Ministry of Home Affairs 
Lot 2G5, Precinct 2 
Federal Government Administrative Centre 
62100 Federal Territory of Putrajaya 
Tel:  (60)(3) 8880-7000 
Fax:  (60)(3) 8880-7059 
Internet:  jpn.gov.my

National Registration Department Sabah
Aras 1-5, Blok B, Kompleks Pentadbiran Kerajaan Persekutuan,
Jalan UMS, Likas, 88400 Kota Kinabalu, Sabah
Tel: (60) 88-488 300
Fax: (60) 88-488 326
Internet:  jpn.gov.my

National Registration Department Sarawak
Tun Datuk Patinggi Tuanku Haji Bujang Building,
93551 Kuching, Sarawak
Tel: (60) 82-242 221
Fax: (60) 82-258 295
Internet:  jpn.gov.my

Malaysia also has consulates in:
New York City and Los Angeles and a Permanent Mission to the United Nations in New York City.

Office of Children’s Issues
U.S. Department of State
CA/OCS/CI
SA-17, 9th Floor
Washington, D.C.  20522-1709
Tel:  1-888-407-4747
Email:  Adoption@state.gov
Internet:  adoption.state.gov

U.S. Citizenship and Immigration Services (USCIS)
For questions about a pending Form I-600A application, Form I-600 petition or related supplements:
USCIS
Tel:  1-877-424-8374 (toll free); 1-913-275-5480 (local); Fax:1-913-214-5808
Email:  NBC.Adoptions@uscis.dhs.gov 

For other USCIS-related questions:

USCIS Contact Center
Tel:  1-800-375-5283 (TTY 1-800-767-1833)
Internet:  uscis.gov

Last Updated: August 26, 2024

Assistance for U.S. Citizens

U.S. Embassy Kuala Lumpur
376 Jalan Tun Razak
50400, Kuala Lumpur
Malaysia
Telephone
+(60) (3) 2168-5000
Emergency
+(60) (3) 2168-5000 (press 1 at the recording)
Fax
+(60) (3) 2148-5801

Malaysia Map