Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Role of attorney general in legitimacy proceedings
  • 15 Dec 2022

    PEMPETISYEN S K Y Peguam Negara

    Citation
    WA-34-4-05/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-34-4-05/2022 (Mahkamah Tinggi)

    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.