JUDGMENT

Anselm Charles Fernandis J:

Introduction

[1] The Plaintiffs is applying for a declaration that LWO (the Child) is a Malaysian citizen by operation of law. Their application by way of Originating Summons is premised on art 14(1)(b) and ss 1(e) and 2(3) Part II Second Schedule of the Federal Constitution (FC).

Brief Facts

[2] The Plaintiffs are Malaysian citizens. They were legally married on 6 September 1992. They were childless for many years. They were given a child soon after the Child's birth. The Plaintiffs took care of the Child as if their own ever since.

[3] In explaining how the Child came to in their care the Plaintiffs narrated that the Child was born at Metro Medical Centre Klang Selangor on 26 October 2009. They stated that the Child was brought to their house about 12 years ago by one "Chu Ah Sik" who was the cousin of the 1st Plaintiff. Earlier Chu Ah Sik had called the 1st Plaintiff as to whether he wanted a male child. Chu Ah Sik had passed away on 17 October 2020 during the Covid-19 epidemic. The child was given to them together with the Birth Certificate (the "1st Birth Certificate").

[4] The birth of the Child was registered on 9 November 2009. The Birth Cert