The legal framework and implementation of baby hatch in Malaysia / Muhammad Affiq Parthi, Muhammad Hilmi Hashim and Zulhilmi Zabri

This research would focus on the legal framework and implementation of Baby Hatch in Malaysia. The reason for us to take on a journey upon such research is due to the fact that there are no single law or regulation governing the administration of Baby Hatch in Malaysia. Our research is an attempt to...

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Main Authors: Parthi, Muhammad Affiq, Hashim, Muhammad Hilmi, Zabri, Zulhilmi
Format: Student Project
Language:English
Published: Faculty of Law 2013
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/28377/
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author Parthi, Muhammad Affiq
Hashim, Muhammad Hilmi
Zabri, Zulhilmi
author_facet Parthi, Muhammad Affiq
Hashim, Muhammad Hilmi
Zabri, Zulhilmi
author_sort Parthi, Muhammad Affiq
building UiTM Institutional Repository
collection Online Access
description This research would focus on the legal framework and implementation of Baby Hatch in Malaysia. The reason for us to take on a journey upon such research is due to the fact that there are no single law or regulation governing the administration of Baby Hatch in Malaysia. Our research is an attempt to explain why Malaysia need such system to manifest itself, in comparisons with Baby Hatch's laws around the globe such as those implemented in the United States of America, Japan and Germany. In Malaysia, the only law governing abandoned babies are the Penal Code, Child Act 2001 and the Adoption Act. It is provided under the Penal Code that the act of a mother or birthparents abandoning a child under the age of twelve years old is a criminal offence. It further states that abandonment must occur at unsafe places in order for the mother or the birthparents to be prosecuted upon successful charges. However, it does not specifically provide as to what construe 'unsafe places', does Baby Hatch considered as unsafe place? Hence, the main aim of this research is to clarify any vague areas in the nation's legal context. Apart from that, the laws governing adoption in Malaysia is immensely procedural and swarming with bureaucracy, making an application to apply for citizenships for these unfortunate babies a tedious job. Hence, by suggesting how Malaysia can improve its adoption processes, we hope to expedite the departure of these babies to a loving and caring family.
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spelling uitm-283772020-02-17T04:51:33Z https://ir.uitm.edu.my/id/eprint/28377/ The legal framework and implementation of baby hatch in Malaysia / Muhammad Affiq Parthi, Muhammad Hilmi Hashim and Zulhilmi Zabri Parthi, Muhammad Affiq Hashim, Muhammad Hilmi Zabri, Zulhilmi Comparative law. International uniform Law Furū' al-fiqh. Substantive law. Branches of law Domestic relations (Islamic law). Family law This research would focus on the legal framework and implementation of Baby Hatch in Malaysia. The reason for us to take on a journey upon such research is due to the fact that there are no single law or regulation governing the administration of Baby Hatch in Malaysia. Our research is an attempt to explain why Malaysia need such system to manifest itself, in comparisons with Baby Hatch's laws around the globe such as those implemented in the United States of America, Japan and Germany. In Malaysia, the only law governing abandoned babies are the Penal Code, Child Act 2001 and the Adoption Act. It is provided under the Penal Code that the act of a mother or birthparents abandoning a child under the age of twelve years old is a criminal offence. It further states that abandonment must occur at unsafe places in order for the mother or the birthparents to be prosecuted upon successful charges. However, it does not specifically provide as to what construe 'unsafe places', does Baby Hatch considered as unsafe place? Hence, the main aim of this research is to clarify any vague areas in the nation's legal context. Apart from that, the laws governing adoption in Malaysia is immensely procedural and swarming with bureaucracy, making an application to apply for citizenships for these unfortunate babies a tedious job. Hence, by suggesting how Malaysia can improve its adoption processes, we hope to expedite the departure of these babies to a loving and caring family. Faculty of Law 2013-12 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/28377/1/28377.pdf Parthi, Muhammad Affiq and Hashim, Muhammad Hilmi and Zabri, Zulhilmi (2013) The legal framework and implementation of baby hatch in Malaysia / Muhammad Affiq Parthi, Muhammad Hilmi Hashim and Zulhilmi Zabri. (2013) [Student Project] (Unpublished)
spellingShingle Comparative law. International uniform Law
Furū' al-fiqh. Substantive law. Branches of law
Domestic relations (Islamic law). Family law
Parthi, Muhammad Affiq
Hashim, Muhammad Hilmi
Zabri, Zulhilmi
The legal framework and implementation of baby hatch in Malaysia / Muhammad Affiq Parthi, Muhammad Hilmi Hashim and Zulhilmi Zabri
title The legal framework and implementation of baby hatch in Malaysia / Muhammad Affiq Parthi, Muhammad Hilmi Hashim and Zulhilmi Zabri
title_full The legal framework and implementation of baby hatch in Malaysia / Muhammad Affiq Parthi, Muhammad Hilmi Hashim and Zulhilmi Zabri
title_fullStr The legal framework and implementation of baby hatch in Malaysia / Muhammad Affiq Parthi, Muhammad Hilmi Hashim and Zulhilmi Zabri
title_full_unstemmed The legal framework and implementation of baby hatch in Malaysia / Muhammad Affiq Parthi, Muhammad Hilmi Hashim and Zulhilmi Zabri
title_short The legal framework and implementation of baby hatch in Malaysia / Muhammad Affiq Parthi, Muhammad Hilmi Hashim and Zulhilmi Zabri
title_sort legal framework and implementation of baby hatch in malaysia / muhammad affiq parthi, muhammad hilmi hashim and zulhilmi zabri
topic Comparative law. International uniform Law
Furū' al-fiqh. Substantive law. Branches of law
Domestic relations (Islamic law). Family law
url https://ir.uitm.edu.my/id/eprint/28377/