1. ) LAU KENG EE 2. ) LIU BAO DI v 1. ) Gao Qiao Zhe Sheng 2. ) 1.JABATAN KEBAJIKAN MASYARAKAT

pa-12b-48-11-2025 High Court (Mahkamah Tinggi) 16 March 2026 • PA-12B-48-11/2025

Catchwords

1. The law on adoption is anchored upon one paramount and overriding consideration, that is, the welfare and best interests of the child. Every provision of the Adoption Act 1952, every safeguard built into its framework, and every inquiry undertaken by the Court ultimately serves this singular objective: to secure for the child a life of dignity, stability, protection, and love. 2. Adoption is a life-altering judicial determination. The Court stands as the ultimate guardian of the child's interests, entrusted with the solemn duty of ensuring that the child's wellbeing is neither compromised nor subordinated to procedural rigidity. At the same time, where suitable, capable, and well-intentioned prospective parents present themselves, the law does not erect barriers for their own sake. The Adoption Act 1952 is protective piece of legislative. It ought not act as a prohibitive piece of legislation. Its purpose is to safeguard the child, but equally to facilitate the creation of a lawful and nurturing family where the statutory criteria are fulfilled. 3. In the present appeal, the Sessions Court declined the application of the prospective adoptive parents. By the said decision, the Sessions Court dismissed the Appellants’ application for an adoption order in respect of a child named LAN (the Child), a citizen of the Republic of China born on 23 April 2007. 4. The crux of the dismissal at the Sessions Court level rested upon a literal interpretation of Section 25A of the Adoption Act 1952 (Act 257). The learned judge was of the view that as the Child does not possess a birth certificate issued under the Registration of Births and Deaths Act 1957 (Act 299), the requirement to “replace” an original birth certificate pursuant to Section 25A could not be satisfied, thereby rendering the application legally defective.

Judges (1)

Choong Yeow Choy Delivered

Parties (4)

Jabatan Kebajikan Masyarakat Respondent Gao Qiao Zhe Sheng Respondent Lau Keng Ee Appellant Liu Bao Di Appellant

Judgment

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Source: eJudgment (pa-12b-48-11-2025)