Court: Newborn can be deemed abandoned even if handed to intermediary
PUTRAJAYA: The Court of Appeal has ruled that a newborn can be considered abandoned even when deliberately handed over to an intermediary, rather than being physically left in a public place or exposed to danger.
The Court of Appeal has ruled that a newborn can be deemed abandoned even if given to an intermediary rather than being left in a public area. A three-judge panel, led by Datuk Noorin Badaruddin, allowed an appeal by adoptive parents and overturned the High Court's decision denying the girl's request for Malaysian citizenship. The court determined that the biological mother intentionally and permanently surrendered her parental rights when she handed the newborn to an intermediary for permanent placement with another family.
The distinction made was between the finality of relinquishment and the method of safety. The Court of Appeal emphasized that the physical handover alone did not establish abandonment and that the mother's relinquishment must be final and indicate no intention to return. The girl was found to be abandoned in Seremban at birth, satisfying the territorial requirement for citizenship.
Under Section 19B of the Federal Constitution, a newborn presumed to have been born to a mother residing there is considered a Malaysian citizen. The court clarified that this does not mean all handovers or private placements constitute abandonment, as the evidence must show a permanent relinquishment of parental care and responsibility.
Written by urgent.news from New Straits Times's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
