PETALING JAYA: Human rights group Lawyers for Liberty (LFL) has urged the government to rectify its SOPs for the handling of citizenship applications involving adopted children.
Director Zaid Malek said a landmark Federal Court decision handed down in 2021 concerning an adopted teenager was being ignored by the authorities.
“Despite the clear wording in the judgment, family members still face problems obtaining citizenship for these children,” Zaid told a press conference here.
He claimed the problems were due to the national registration department’s refusal to accept the court’s decision.
According to Zaid, the Federal Court had in that case said the government and home ministry had no right to deny any child citizenship once all legal requirements were fulfilled.
He called on the government to take notice of the apex court’s ruling.
In that case, Chief Justice Tengku Maimun Tuan Mat said: “When confronted with an application for registration of such newborn children, the burden is on the respondent to undertake proper investigations to determine the status of such child’s biological parents or mother.
“If, after investigation, it is found that the fact of abandonment is true, the respondent is obligated by the highest law of the land in Section 19B of Part III (of the Federal Constitution) to recognise that newborn child’s citizenship by operation of law, except where there is evidence to the contrary.”
Zaid said the government should not burden parents in their bid to obtain citizenship for their adoptive children.
“Why must these children be punished for their birth parents’ actions?” he asked.
A father, who joined the press conference, said he was facing problems with the registration of his adopted daughter.
The man said “time is ticking” for his daughter who will be of school-going age next year.
“My wife and I legally adopted her, why has the government not granted her automatic citizenship?” he asked. - FMT
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