Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of legitimacy

  • 14 Jan 2026

    1. ) KOH MING FAI 2. ) LIANG HUAMEI KETUA PENGARAH JABATAN PENDAFTARAN NEGARA

    Citation
    WA-24NCvC-2776-07/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24NCvC-2776-07/2024 (Mahkamah Tinggi)

    Where undisputed scientific evidence of biological paternity is before the court, supported by the consent of the man named as father and absent an adversarial challenge, the Registrar-General has a statutory duty under the Births and Deaths Registration Act to correct the register and issue updated identity documents; changing the child's surname to reflect biological parentage is an administrative rectification permitted by the statute and does not affect citizenship secured by operation of law; granting relief is in the child's best interests.

  • 3 Jul 2024

    1. ) M.P.P.L. 2. ) H.Y.S.L. C.A.S.

    Citation
    02(f)-49-08/2023(W) (Mahkamah Persekutuan)
    Court
    f
    Case number
    02(f)-49-08/2023(W) (Mahkamah Persekutuan)

    Appeal allowed and lower courts' orders for compelled DNA testing set aside because the conclusive presumption of legitimacy under s.112 EA remains operative absent a showing of 'no access', s.4(3) EA bars admitting evidence to rebut legitimacy in judicial proceedings except as permitted, there is no statutory power to compel DNA testing in civil proceedings, and the parens patriae jurisdiction cannot be exercised to order such invasive testing where it would not be demonstrably in the child's best interests; on the facts ordering a DNA test would harm the child and was therefore unjustified.