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2015 MarsdenLR 351

HIGH COURT MALAYA PULAU PINANG
CHIN KOOI NAH (SUING BY HERSELF AND AS NEXT OF KIN TO CHIN JIA NEE AN INFANT) – Appellant
Versus
PENDAFTAR BESAR KE.... – Respondent


Table of Content
1. adoption impacts citizenship rights. (Para 1 , 1 , 14 , 15 , 16 , 17 , 21)
2. respondent contends adoption does not guarantee citizenship. (Para 30 , 31 , 33 , 36)
3. authority must clarify parentage for citizenship eligibility. (Para 89 , 90 , 91 , 92)

[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 Appli

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