Raised for 20 years, but the court refused to recognize it? Things you absolutely must not do when adopt a child locally

📌 Contents 

20 years of parenting, only to hear “He’s not your child”:

From bringing the baby home after the first month, feeding and changing diapers, teaching him to use chopsticks during the New Year, raising him for nearly 20 years—why did the court ultimately refuse to recognize this parent-child relationship?

Deadly Pitfall 1: One identity on the birth certificate voided the entire adoption application on the spot.

Deadly Pitfall 2: The judge’s “soul-searching question”—the birth mother disappeared for 20 years, so why wait until the child was almost 19 to apply for adoption?

PEN vs. KAL case: How did the High Court, using two major reasons, rule that a loving nurturing relationship cannot be legally recognized as adoption?

Tips for prospective adoptive parents: 2 essential things you must do before adopting; don’t wait until the child grows up to fix the paperwork.

⚖️ Two Core Legal Pitfalls in This Case

Religious Restriction: Section 31 of the 1952 Adoption Act

This adoption law absolutely does not apply to Muslims. Even if the child was raised according to Chinese traditions, as long as the birth certificate states the child is Muslim, non-Muslim adoptive parents cannot adopt under this law—culture cannot override religion and bloodline recognition.

Absolute Authority of Birth Mother’s Consent: Sections 5 and 12 of the 1952 Adoption Act

Adoption must have the consent of the biological parents. To waive this consent, you must prove to the court before applying that you have made every effort to find the birth mother. The court emphasizes: in adoption cases, “biological parents’ consent” is more decisive than “the child’s welfare”—simply saying “I can’t find her” without police reports or missing person notices as evidence will never be accepted by the court.

💡 Advice for Parents Planning to Adopt

Before Adoption:

Check the birth certificate to confirm the child’s religion. If it says the child is Muslim, you must follow Islamic legal procedures; you cannot rely on the general adoption law.

Strike while the iron is hot—don’t delay:

Once you take custody, immediately get the birth mother’s consent; if she’s missing, report to the police and publish notices as evidence of “efforts to find her,” then apply to the court early to waive the consent—don’t wait until the child grows up to handle it.