Court of Appeal rules children born out of wedlock cannot inherit Malaysian father’s citizenship
The Malaysian Court of Appeal has ruled that children born out of wedlock to Malaysian fathers and non-Malaysian mothers are not automatically entitled to Malaysian citizenship. The court upheld the decision that these individuals must follow the citizenship status of their foreign mothers.
Why it matters
This ruling highlights ongoing legal and social challenges regarding citizenship laws and the rights of children born to mixed-nationality parents in Malaysia.
KUALA LUMPUR, July 22 — The Court of Appeal today unanimously decided that two persons who were born in Malaysia are not entitled to be Malaysian citizens under the Federal Constitution, as their biological Malaysian fathers were not married to their non-Malaysian mothers when they were born.
Court of Appeal judge Datuk Azhahari Kamal Ramli, who chaired a three-judge panel, said the High Court was correct in deciding to reject their bid to be recognised and declared as Malaysians.
Azhahari ultimately concluded that the Kuala Lumpur-born woman (identified only as J for privacy purposes) has to follow her Indonesian biological mother’s citizenship, and that the man born in Teluk Intan, Perak (identified only as D) has to follow his Filipino mother’s citizenship.
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