JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] This is an originating summons filed on 19 March 2024 wherein the plaintiffs, Leang Kah Kit ("1st Plaintiff") and Tan Sok Poh ("2nd Plaintiff") sought declarations that the child by the name of MLKK ("the child") is a citizen of Malaysia by operation of law pursuant to:

(i) art 14(1)(b) read with s 1(a) of Part II of the Second Schedule and s 19B of Part III of the Second Schedule of the Federal Constitution; or

(ii) art 14(1)(b) read with ss 1(e) and 2(3) of Part II of the Second Schedule of the Federal Constitution; or

(iii) in the alternative to para (ii) above, by operation of law pursuant to art 14(1)(b) and s 1(a) of Part II of the Second Schedule of the Federal Constitution, according to the citizenship status of her adoptive parents, ie, the 1st Plaintiff and 2nd Plaintiff.

[2] The other reliefs are consequential reliefs in the event any of the above sought declarations are granted.

[3] On 25 August 2025, I dismissed the originating summons with no order as to costs. This judgment contains the reasons for my decision.

[4] For the sake of brevity, unless otherwise stated, all references in this judgment to "articles" and "Second Schedule" are to that of the Federal Constitution. Similarly, and unless otherwise stated, any references to Part II or Part III are to the Second Schedule of the Federal Constitution.

The Facts

[5] The following facts are not in dispute. The Plaintiffs are a married couple and Malaysian citizens. On 29 September 2008, the 1st Plaintiff registered the birth of the child, as informant of the birth, at the Petaling Jaya branch of the National Registration Department ("NRD"). In the Form JPN LM01, the form for registering the birth, the 1st Plaintiff stated that the plaintiffs are the biological parents of the child and that the child was born on 20 September 2008 at Klinik Pakar Wanita & Keluarga Kapar Indah Klang, Selangor ("the Clinic"). Needless to say, the informant is required to declare the information given is correct and true. Acting on the information given, the 1st Defendant, who is the Registrar General of Births and Deaths, issued a birth certificate No CA20930 ("the First Birth Certificate"), which stated the plaintiffs as the parents of the child and the status of the child as "citizen".

[6] It is the law as provided in the Federal Constitution that if a child's parents at the time of birth are Malaysian citizens, the child is a Malaysian citizen by operation of law under art 14(1)(b) read with s 1(a) of Part II. However, unknown to the 1st Defendant at the time the birth certificate was issued, the information given by the 1st Plaintiff in Form JPN LM01 was false. The 1st Plaintiff did not give correct and true information, in particular, the fact that the plaintiffs were not the parents of the child.

[7] The false information was discovered on 16 October 2020 when the 1st Plaintiff attended the NRD to obtain an identity card or MyKad, which the law requires upon a child attaining the age of 12 years. Suspicion of a biological relationship between the child and the 1st Plaintiff arose due to the noticeable disparity in facial resemblance. An investigation into the matter was conducted by the 1st Defendant, and at its conclusion, the following facts (again not disputed and/or irrefutable) were revealed:

(i) the plaintiffs were unable to have a child since their marriage on 15 March 2003;

(ii) the plaintiffs were not the biological parents of the child;

(iii) the Chemistry Department confirmed that the 2nd Plaintiff is not the biological mother of the child pursuant to DNA testing; and

(iv) the information in the birth registration form, as declared by the 1st Plaintiff, was patently false.

[8] As a result of the investigation, the 1st Plaintiff was, on 23 November 2022, charged and convicted for an offence under s 36(b) of the Births and Deaths Registration Act 1957 (Act 299) ("the BDRA") at the Petaling Jaya Magistrate's Court . The offence wa