An adoption order does not automatically confer citizenship rights to the adopted child unless explicitly provided by law.

[1] This application by the Applicant raises the following main issue for determination:

"Whether by virtue of an adoption order, an adopted child is entitled as of right and/or by operation of law to be registered as a citizen of Malaysia pursuant to the provisions of Article 14(1) (b) of the Federal Constitution of Malaysia (Constitution)?"

Background Facts

[2] The Applicant had on 9 July 2012 filed in a Petition for Adoption in the Georgetown Sessions Court for an adoption order to adopt a child who is known as "Chin Jia Nee" (hereinafter referred to as "the Child") under the provisions provided in the Adoption Act 1952 .

[3] The Sessions Court had on 9 November 2012, in the presence of the officer from Penang Social Welfare Department qua the Guardian Ad-Litem to the Child appointed by the Sessions Court on 10 August 2012 together with the Applicant and the Child, granted an adoption order of the Child to the Applicant and further ordered that the Respondent register the adoption order accordingly (hereinafter referred to as the "Adoption Order").

[4] Subsequently, the Sessions Court had on 4 December 2012 forwarded a sealed copy of the Adoption Order to the Respondent for their further action to register the Adoption Order.

[5] On 2 January 2013, the solicitors for the Applicant received a letter from Respondent dated 24 December 2012 to request for the original certificate of birth of the Child, Mykid of the Child, a duly completed form JPN. AA04 and a copy of the Applicant's certified true copy National Identity Card (hereinafter referred collectively as "the Documents") for the Respondent's further action.

[6] Acting in accordance with the instructions of the Respondent, the solicitors for the Applicant forwarded the said Documents to the Respondent on 14 January 2013.

[7] On 5 March 2013, the Respondent issued a new certificate of birth to the Child and forwarded the same to the solicitors for the Applicant on 18 March 2013. The Respondent also informed the solicitors for the Applicant to contact their office should the Applicant have any query regarding the issuance of the new certificate of birth.

[8] After receiving the new certificate of birth from the solicitors for the Applicant, the Applicant was surprised to learn that the column of the nationality in respect of the Child in the certificate of birth had been registered and stated as "Bukan Warganegara" or non-citizen although the name of the Applicant had been registered and named as the mother of the Child.

[9] Thinking that there might be a mistake to the certificate of birth, the Applicant directed her solicitors to write to the Respondent on 22 March 2013 and returned to the Respondent the certificate of birth in the expectation that the Respondent will register the Child as a citizen of Malaysia by referring to the provisions provided under both the Adoption Act 1952 and the Constitution.

[10] In view of the fact that the Respondent had not given any feedback or reply to the Applicant's solicitors' letter dated 22 March 2013, the solicitors for the Applicant had further on 26 April 2013, 21 May 2013, 21 August 2013 and 18 October 2013 respectively written reminder letters to the Respondent.

[11] After several reminder letters, the solicitors for the Applicant finally received two letters dated 14 November 2013 and 6 December 2013 respectively from the Respondent enclosing the same certificate of birth rejecting the application of the Applicant in registering the Child as a citizen of Malaysia. The Respondent also advised the Applicant to make a formal application for the citizenship of the Child at the nearby National Registration Department.

[12] On 7 March 2014, the Applicant together with the sol