DHRRA urges citizenship reform after court ruling on children born out of wedlock

 

THE Development of Human Resources for Rural Areas (DHRRA Malaysia) has called on the government to review Malaysia’s citizenship laws to better protect children born out of wedlock to Malaysian fathers, urging policymakers to prioritise the best interests of the child.

The call follows a Court of Appeal ruling reported by Malay Mail on July 22, which reaffirmed that under the Federal Constitution, a Malaysian biological father cannot automatically confer citizenship on a child born out of wedlock.

The court held that any change to the current legal position would require constitutional amendments rather than judicial intervention.

While respecting the court’s decision, DHRRA Malaysia said the ruling highlighted the need for practical policy solutions to address the circumstances of children who are effectively Malaysian in every sense except their legal status.

The organisation noted that Malaysia is often cited as one of only two countries, alongside Barbados, where a biological father cannot automatically pass on citizenship to a child born out of wedlock.

According to DHRRA Malaysia, many affected children are raised entirely by their Malaysian fathers or paternal relatives after their foreign mothers leave the country or cannot be traced.

In some cases, the mothers are themselves stateless or undocumented, leaving the children unable to obtain citizenship through either parent and placing them at greater risk of statelessness.

The organisation said some families are advised to seek citizenship through the mother’s embassy because the mother’s nationality is recorded on the child’s birth certificate.

However, it said this is not always a practical solution, particularly when the child has never lived in that country, has no relationship with the mother, or where the mother is stateless and has no recognised nationality.

“Children should never bear the consequences of circumstances beyond their control,” DHRRA Malaysia said.

The organisation urged the government to consider practical and compassionate solutions for children registered as non-citizens despite being raised solely by their Malaysian fathers or paternal families.

It said each application should be assessed on its own merits to ensure that no child is left without legal protection, stability or a sense of belonging.

At the same time, DHRRA Malaysia stressed that marriage registration remains important because it provides legal certainty for both parents and children.

Nevertheless, it said children should not be denied protection or opportunities because of decisions made by adults, adding that the child’s best interests must remain the paramount consideration in any future review of Malaysia’s citizenship laws. ‒  Focus Malaysia