What evidence convinced the court the Klang girl was truly abandoned?

Question

Accepted Answer

Evidence Satisfying the Court of Abandonment for the Klang Girl

The Court of Appeal was convinced that the 17-year-old girl, identified as M, was genuinely abandoned by her biological mother based on several key pieces of evidence. This evidence addressed the biological mother's actions, the lack of traceable information, and the circumstances surrounding the child's placement at the clinic, ultimately leading the majority of the court to conclude abandonment had occurred.
The Biological Mother's Uncontactable Status and Departure

The biological mother, known only as B, initiated contact with the adoptive parents, L and T, at a Klang clinic in 2008, expressing a desire for them to adopt her child post-birth. However, after L and T transported B to the clinic when she went into labor, a nurse informed them days later that B had absconded, leaving the child behind. Crucially, attempts to reach B proved futile as her phone number had been deactivated, rendering her uncontactable and untraceable. This abrupt departure and subsequent inaccessibility strongly indicated a relinquishment of parental responsibility.
Lack of Traceable Particulars and Parental Responsibility

A significant factor in the court's decision was the absence of any reliable particulars concerning the biological mother. Her true name, identity, nationality, and immigration or citizenship status remained unknown. Similarly, the identity, nationality, and citizenship status of the biological father were also undetermined. The court's judgment emphasized that even if there had been prior discussions about adoption, a mother could still be considered to have abandoned a newborn if she left the child without retaining parental responsibility or providing traceable information for identification or contact. The RM500 paid by the adoptive parents was for delivery costs at the clinic, not as payment for the child, and there was no evidence of payment to B or any intermediary.
The Court's Interpretation of the False Registration

While the adoptive father L's act of falsely registering M's birth as his own and applying for her identity card was acknowledged as a serious offense, the Court of Appeal ruled that this occurred after the child had already been left at the clinic. This false declaration, therefore, did not negate the initial act of abandonment. Instead, it served to highlight that L and T were not the biological parents, but it did not disprove that B had left the child behind. The court differentiated between the act of abandonment and the subsequent actions of the adoptive parents.

Reading history

Hide →

This history is cleared when the page is closed.

What evidence convinced the court the Klang girl was truly abandoned?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends