10 September 2021

Press statement by MCA Deputy Secretary General and Wanita MCA Sabah Chairperson Dr Pamela Yong


Enact or amend legislation to allow citizenship conferment unto illegitimate or adopted children born abroad




The landmark decision by the Kuala Lumpur High Court that Malaysian mothers have the right to confer citizenship on their children born overseas is wise as it affirms that Malaysian women are of equal status and hold equal rights as Malaysian men.

The learned judge had ruled that the word “father” in the Second Schedule of the Federal Constitution must include mothers. His ruling will put to rest the baseless explanation of “national security concerns” over dual-citizenship which the Home Ministry gave to the Dewan Rakyat on 2 Dec 2020. Back then, Deputy Home Minister Ismail Mohamed Said insisted further that “we must be diligent to prevent the child from being granted dual-citizenship” and thus deny Malaysian women married to a foreign spouses from conferring nationality on their children born abroad.

It is ignorant and even gender biased to assume that a Malaysian father with a foreign wife who delivers a child overseas or even on our tanahair would not attempt to register the infant’s  nationality to follow the mother’s.

Furthermore, pray, what “national security concerns” could a newborn baby pose and inflict unto Malaysia? Malaysian authorities must not demonise any child as a security threat.

Meanwhile, the High Court’s ruling applies to couples who have legally tied the knot. As the verdict does not apply to unwed couples, the child is deemed illegitimate. Therefore, legislations must be amended or enacted to cover these following categories of innocent children caught in a limbo who may end up stateless besides carrying the stigma of having been conceived before their parents’ marriage through no fault of theirs.

  • Children who were legally adopted when the married couple were abroad
  • Children of parents who underwent a customary wedding or whose nuptials have not been officially solemnised
  • When the non-Malaysian partner deserts the relationship and abandons their child with the Malaysian parent residing abroad.


The condition remains that at least one parent must be Malaysian irrespective of gender or marital status.

Dr Pamela Yong
MCA Deputy Secretary General
Wanita MCA Sabah Chairperson

 

-MCA online-