Court declares adopted child born in Malaysia a citizen
High Court says a child should not suffer the consequences of wrongdoing by adults over his original birth registration.
A Malaysian court has ruled that an adopted child born in the country without identified biological parents is automatically a Malaysian citizen, the High Court in Ipoh declared. Justice Moses Susayan stated the government failed to prove the child was a citizen of another nation or that the biological mother was not a permanent resident.
The child, Agalya Munusamy, and his adopted mother Kritika Padmanapan, were initially recorded as non-citizens by the national registration department (JPN) following an error in registration. The couple subsequently obtained an adoption order but the child continued to be listed as non-citizen. Susayan ruled the child qualified for citizenship under Section 1(a) and Section 19B of the Federal Constitution, which grants presumption to abandoned newborns whose parents cannot be traced.
He found no evidence to suggest the child had foreign citizenship. The court ordered JPN and the government to correct the child's birth records and issue a birth certificate and MyKad confirming Malaysian citizenship within 30 days.
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