1. Before the adoption is legally finalised
(during interim custody / fostering period)
If the birth mother comes forward during this stage:
She may apply to reclaim the child, subject to investigation.
Jabatan Kebajikan Masyarakat (JKM) will assess:
-Her identity and proof she is the biological mother
-Her current ability to care for the child
-The best interests of the child
The court will make the final decision.
If approved, the child may be returned to the birth mother.
👉 At this stage, the adoptive parents (OYLs) are still temporary guardians, not legal parents yet
2. After the adoption is legally finalised
(after court grants adoption order)
The adoption becomes permanent and legally binding.
The adoptive parents are recognised as the legal parents.
The birth mother no longer has legal rights over the child.
She cannot simply reclaim the child.
The only exception would be very rare cases, such as:
Proven fraud
Serious legal irregularities in the adoption process
Even then, any action must go through the court, and the child’s welfare remains the top priority.
