MPs submit private members bill on overseas-born children

Several MPs have submitted a notice to table a Private Member’s Bill to amend the Federal Constitution, in the matter of citizenship for children born overseas to Malaysian mothers.

The MPs are Azalina Othman Said (BN-Pengerang), Fuziah Salleh (PKR-Kuantan), Fahmi Fadzil (PKR-Lembah Pantai), Alice Lau Kiong Yieng (DAP-Lanang), and Hannah Yeoh (DAP-Segambut).

The notices were sent to the Dewan Rakyat secretary last week.

Azlina submitted her notice in her capacity as chairperson of the parliamentary select committee on women, children, and social development.

The MPs are seeking to amend Part II of the Second Schedule of the Federal Constitution to allow mothers to confer citizenship to their children, regardless of where they are born.

This can be done by adding the words “or mother” to extend the citizenship by operation of law.

At present two subclauses under Part II state that a person born outside Malaysia “to a Malaysian father” can become a citizen by operation of law.

Govt waiting for Federal Court decision

This comes after the NGO Family Frontiers and six Malaysian mothers last month filed an appeal at the Federal Court in their bid for Malaysian mothers to be accorded the same right as Malaysian fathers to grant citizenship to children born overseas.

On Aug 5, the Court of Appeal allowed the government's appeal to overturn a 2021 landmark decision by the Kuala Lumpur High Court that Malaysian mothers can also confer citizenship to children born overseas.

NGO Family Frontiers and several mothers in front of the Kuala Lumpur High Court

Minister in the Prime Minister’s Department (Parliament and Law) Wan Junaidi Tuanku Jaafar said the government will not table a constitutional amendment on the matter until the Federal Court makes a decision on the appeal.

Critics have called this move misguided.

Malaysia is one of two dozen countries where mothers cannot automatically confer citizenship to their offspring.

The United Nations has said such laws can lead to statelessness or stop children from accessing basic human rights, especially in the case of absent fathers.

Some Malaysian mothers who gave birth abroad have managed to secure citizenship for their children, albeit after years of applying, while others have failed without any reason given. - Mkini