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KL High Court Rules Malaysian Mothers Can Now Confer Citizenship To Children Born Abroad

KL High Court Rules Malaysian Mothers Can Now Confer Citizenship To Children Born Abroad

The court ruled the word “father” in the Second Schedule of the Federal Constitution should include mothers.

Hakim Hassan

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The Kuala Lumpur High Court has ruled that Malaysian mothers now have the right to grant citizenship to their children born abroad, which is previously granted to Malaysian men.

BFM reported that the the word “father” in the Second Schedule of the Federal Constitution must also include mothers.

Judge Akhtar Tahir also ruled that their children are entitled to citizenship by operation of law – Article 14(1)(b) of the Constitution and the Second Schedule on citizenship rights, must be read in harmony with Article 8(2), which prohibits gender discrimination.

Previously, Malaysian mothers could not confer citizenship to their children born abroad because it would ‘threaten national security’.

Former Deputy Home Minister Datuk Seri Ismail Mohamed Said once claimed that the stance was made in order to avoid possible issues of dual citizenship among children born overseas to foreign fathers.

READ MORE: National Security Is Why Women Can’t Confer M’sian Citizenship To Children

Our previous reports found that children whose fathers were Malaysian citizens had no problems registering for citizenship here, regardless of whether they were born on Malaysian soil or abroad.

Meanwhile, children of Malaysian mothers and foreign fathers who were born in Malaysia also faced no problems when registering their child as Malaysian citizens.

READ MORE: If You’re A Woman, Malaysian Citizenship Laws Are Not On Your Side


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