Mahkamah tolak tuntutan kerakyatan anak tanpa negara berbapakan warga Malaysia

The High Court of Kota Bharu has dismissed a claim by a Malaysian father seeking Malaysian citizenship for his son, who was born in Thailand and has no nationality. Despite the existence of DNA evidence confirming their biological relationship, the court ruled that the father failed to provide proof of a legal marriage during the time of his son's birth.

The child, who has resided in Malaysia since he was around three months old, was born in Golok, Thailand, in June 2006 and has no birth certificate or citizenship from any country. The father argued that a DNA report from the Chemistry Department issued in January of this year definitively proves their biological connection, while also emphasizing that the absence of a marriage certificate and birth registration should not override scientific evidence regarding paternity or filiation.

However, Tengku Amir stated that an individual's citizenship requires fulfillment of requirements established at the time of birth. The court found no documentary evidence to prove that the child's parents were legally married at the time of his birth. According to Tengku Amir, referencing a father's legitimacy for a child born out of wedlock should be interpreted as referencing the mother's legitimacy for citizenship purposes.

Consequently, the court determined that the child's nationality status should be determined based on his Thai mother's nationality rather than his Malaysian father's, and subsequently dismissed the claim, ordering the parents to pay a RM4,000 court fee.