Void marriage does not strip child of Malaysian citizenship, court rules
KUALA LUMPUR: The High Court ruled a teenager born in China to a Malaysian father a citizen, by operation of law from birth, despite finding that his parents’ marriage was legally void.
The High Court in Malaysia ruled that a Malaysian citizen born in China to a Malaysian father retains his citizenship despite the parents' marriage being legally void. Judge Sumathi Murugiah determined that the teenager was the legitimate child of his parents under Section 75(2) of the Law Reform (Marriage and Divorce) Act 1976.
Even though the court found that the second marriage was void due to the father's earlier marriage, which had not been legally dissolved, the teenager was still deemed the legitimate child of his parents. Malaysian authorities had issued him an emergency certificate, passport, and MyKid following his birth in 2009 in Shenzhen, China.
However, the National Registration Department (NRD) rejected his application for a MyKad in 2022, arguing that the second marriage was void, making the teenager illegitimate and ineligible for citizenship. The court ruled that the mother had reasonably believed the marriage was valid, as she had undergone a formal ceremony, registered it, and received an official certificate.
The court emphasized that the citizenship status of the teenager had existed from birth and that the issuance of administrative documents did not confer citizenship but confirmed his status as a Malaysian citizen.
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.
