Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Legitimation

Legal area

Court

24 May 2022

1. ) PEGUAM NEGARA MALAYSIA 2. ) KETUA PENDAFTAR KELAHIRAN DAN KEMATIAN MALAYSIA Mohanasengri

Citation

W-01(NCvC)(A)-191-04/2021 (Mahkamah Rayuan)
Court

NCvC
Case number

W-01(NCvC)(A)-191-04/2021 (Mahkamah Rayuan)

The Court of Appeal allowed the consolidated appeals and set aside the High Court declarations because the Federal Court in CTEB held that legitimacy for the purposes of Article 14(1)(b) and the Second Schedule is fixed at the time of birth; subsequent legitimation or orders under the Legitimacy Act do not alter the child's birth status for constitutional entitlement to citizenship, and therefore an illegitimate child born to a non‑citizen mother cannot derive Malaysian citizenship from the father.
1 Jan 1900

1. ) CHEW CHIA CHIA 2. ) CHEW CHIA CHING 1. ) KETUA PENDAFTARAN KELAHIRAN DAN KEMATIAN MALAYSIA 2. ) MENTERI DALAM NEGERI

Citation

PA-34-5-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-34-5-08/2019 (Mahkamah Tinggi)

The court followed the Court of Appeal decision in Madhuvita and held that legitimacy is to be assessed by reference to the person's prevailing/current status at the time of consideration; because the applicants had been legitimated by their parents' subsequent marriage and by court order they were legitimate for the purposes of s.17 and thus entitled to rely on their father's citizenship so as to be Malaysian citizens by operation of law under Article 14(1)(b).