Hasrat tengok sijil lahir anak disyaki hasil hubungan sulit suami ditolak

The High Court in Kuala Lumpur has dismissed a woman's request for a birth certificate for her baby son, viewing it as a speculative attempt to gather evidence. The woman sought the birth certificate of a son she claims to have had as a result of a difficult relationship with her husband. The child's mother, C, denied having a difficult relationship with the woman's husband and stated that the child is not his biological offspring.

The National Registration Department (JPN) informed the court that while the baby, J, was born to C, information about J's father is not recorded due to lack of evidence. Assistant DPP Nixon Kennedy Kumbong, while denying the woman's request to access J's birth certificate, stated that the application was speculative and appeared to be an attempt to gather evidence.

The applicant sought the document not to prove existing facts, but to investigate suspicions - which have been firmly denied by the respondent (C). The law is clear that applications for the issuance of such documents cannot be used as a tool to probe possibilities, confirm assumptions, or seek evidence in the hope of disproving a claim, it said.

Nixon added that the requested document contains sensitive personal information, including J's identity, mother's information, date of birth, and place of birth. The protection of a child's private data is a fundamental principle and closely monitored by the court. The applicant is not the child's parent or guardian and has no legal relationship with the child, nor any right to access its birth record, it added.