Court of Appeal rules woman abandoned at birth entitled to citizenship
The Court of Appeal in a 2-1 majority decision ruled that a 23-year-old woman, who was adopted by Malaysian parents, was abandoned when she was born at a private hospital, and that she is entitled to Malaysian citizenship.
Judge S Nantha Balan who read out the majority ruling said the woman was entitled to be a citizen of Malaysia by operation of law, by virtue of her birth within the federation of Malaysia, pursuant to...
The Court of Appeal in a 2-1 majority decision ruled that a 23-year-old woman, who was adopted by Malaysian parents, was abandoned when she was born at a private hospital, and that she is entitled to Malaysian citizenship.
Judge S Nantha Balan who read out the majority ruling said the woman was entitled to be a citizen of Malaysia by operation of law, by virtue of her birth within the federation of Malaysia, pursuant to Article 14(1)(b), Section 1(a) of Part II of Second Schedule of the Federal Constitution, read together with Section 19B of Part III of the Second Schedule of the Federal Constitution.
He said the court also granted a certiorari order to quash the Registrar-General of Births and Deaths Malaysia’s decision in issuing and signing a birth certificate of the woman as a non-citizen.
The court also granted a mandamus order sought by the woman directing the respondent (Registrar-General of Births and Deaths Malaysia) to reissue the birth certificate and register the woman as a citizen.
"We are of the view that the facts disclose that the woman was abandoned. We do not take the fact that payment was made to an unknown intermediary, detracts from the fact there was an abandonment of the baby from her biological parents.
"And as such, given the term 'exposed' the widest possible meaning and interpretation, we find the woman was abandoned and therefore qualified for citizenship.
“In the circumstances, we by the majority, find merit in the appeal. The appeal is allowed, and the High Court decision is set aside," he said when delivering the decision which was agreed to by Kamaludin Md Said, who led the three-judge panel.
Nantha Balan further said the appellate court was bound by the Federal Court’s November 2021 decision in a similar case involving a child abandoned at birth at a hospital in Kuala Lumpur, and who was later also adopted by Malaysian parents.
Besides the woman, the other two appellants are her adoptive parents aged 70 and 69.
- Bernama
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