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2023 MarsdenLR 562

HIGH COURT MALAYA SHAH ALAM
LKP & ANOR – Appellant
Versus
PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN MALAYSIA – Respondent


Petitioner Advocates:Eric Toh Kah Yung,Wong Chee En ,Respondent Advocate: Krishna Priya Veenagopal

Faizah Jamaludin J:

Application

[1] The first and second plaintiffs are the joint litigation representatives and the adoptive parents of the child ("LSY"). They seek from this court judgment that LSY is a Malaysian citizen by operation of law. In this judgment, the plaintiffs and the child are referred to by their acronyms and details of the child's birth certificates are redacted pursuant to the discretion conferred on this court by s 15(2) of the Courts of Judicature Act 1964.

[2] The plaintiffs have prayed for the following declaratory orders in their amended originating summons (encl 49):

(i) that LSY is born of a mother who is a permanent resident in Malaysia pursuant to s 19B of Part III of the Second Schedule of the Federal Constitution (" FC ");

(ii) that LSY is a citizen of Malaysia by operation of law pursuant to art 14(1)(b) and s (1)(a) of Part II of the Second Schedule of the FC read with s 19B of Part III of the Second Schedule of the ;

(iii) in the alternative to paras 1 and 2 above, that LSY is a citizen of Malaysia by operation of law by virtue of her lawful adoption by the plaintiffs pursuant to the adoption order dated 17 June 2018 made by the Shah Alam Sessions

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