PEMPETISYEN S K Y Peguam Negara

PEMPETISYEN S K Y Peguam Negara

Where a petitioner seeks legitimisation of a child born out of wedlock, the birth certificate is not conclusive proof of biological parentage because Section 13 of the Births and Deaths Registration Act permits the father's name to appear by acknowledgement; Legitimacy Act Section 5 authorises the Attorney General to oppose and for the Court to require verification of facts, including DNA. Therefore the Deputy Registrar was entitled to order production of a DNA report and the appeal against that order was dismissed.

Citation
WA-34-4-05/2022 (Mahkamah Tinggi)
Parties
Petitioner: SKY; Respondent: Peguam Negara
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 December 2022
Case Number
WA-34-4-05/2022 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under Legitimacy Act 1961 / Appeal Against Deputy Registrar's Instruction; Judgment Delivered
Outcome
Appeal dismissed with costs; Deputy Registrar's instruction to produce DNA report upheld
Legal Topics
Legitimacy, DNA Evidence, Births and Deaths Registration, Role of Attorney General in Legitimacy Proceedings
Source Language
Malay/English
Family Law Evidence Statutory Interpretation Legitimacy DNA Evidence Births and Deaths Registration Role of Attorney General in Legitimacy Proceedings

Case Brief

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Parties

SKY

Petitioner

Peguam Negara

Respondent

Procedural Posture

Originating Summons Under Legitimacy Act 1961 / Appeal Against Deputy Registrar's Instruction; Judgment Delivered

Legal Issues

  1. 1 Whether a birth certificate is conclusive proof of biological parentage for a person born out of wedlock
  2. 2 Whether the Attorney General/respondent may require production of a DNA report in an application to legitimate a person under the Legitimacy Act 1961
  3. 3 Application of Sections 3,4,5 of the Legitimacy Act 1961 and Sections 13,32,33 of the Births and Deaths Registration Act 1957 and Sections 35 and 112 of the Evidence Act 1950

Ratio Decidendi

Where a petitioner seeks legitimisation of a child born out of wedlock, the birth certificate is not conclusive proof of biological parentage because Section 13 of the Births and Deaths Registration Act permits the father's name to appear by acknowledgement; Legitimacy Act Section 5 authorises the Attorney General to oppose and for the Court to require verification of facts, including DNA. Therefore the Deputy Registrar was entitled to order production of a DNA report and the appeal against that order was dismissed.

Court Disposition

Appeal dismissed with costs; Deputy Registrar's instruction to produce DNA report upheld

Orders

  • Appeal dismissed with costs
  • Petitioner to produce DNA report as directed by the Deputy Registrar