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2019 MarsdenLR 275

HIGH COURT MALAYA KUALA LUMPUR
SAMUEL DURAISINGH & ANOR – Appellant
Versus
PENDAFTAR BESAR KELAHIRAN DAN KEMATIAN MALAYSIA & ANOTHER CASE – Respondent


Petitioner Advocates:Raymond Mah,Jasmine Wong ,Respondent Advocate: Maisarah Juhari

Table of Content
1. adoption does not grant automatic citizenship. (Para 1 , 2 , 3)
2. citizenship claims based on biological parentage must be supported by evidence. (Para 4 , 5 , 17 , 21)
3. court emphasizes constitutional requirements for citizenship. (Para 6 , 8 , 22)
4. issues of citizenship are contingent on interpretation of relevant statutes concerning adoption. (Para 26 , 27)

[1] The Plaintiffs are the adoptive parents of the children, Jacob Matthew Duraisingh ("Jacob") and Sophia Grace Duraisingh ("Sophia"). They had legally adopted both children pursuant to adoption orders made by the Sessions Court and the High Court respectively. The children are referred to in this Judgment individually as "Jacob" and "Sophia" and collectively as "the children".

[2] The Defendant is the Registrar of Birth and Deaths, Malaysia who is tasked inter alia:

(i) under the Births and Deaths Registration Act 1957 ("BRDA 1957") to register the births of new-born children in Peninsular Malaysia and to issue certificates of birth for such children registered; and

(ii) under the Adoption Act 1952 (" AA 1952") to establish and maintain the Adopted Children Register and to issue certificate of births f

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