HIGH COURT MALAYA SHAH ALAM
CKW & ANOR – Appellant
Versus
KETUA PENGARAH JABATAN PENDAFTARAN NEGARA & ORS – Respondent
JUDGMENT
[1] In this Originating Summons, the Plaintiffs seek declaratory and other relief affecting the citizenship of their adopted child ("CYH"), who is a non-citizen as far as the Defendants are concerned.
[2] CYH was born on 13 March 2018 at a local hospital in Kuala Lumpur to an Indonesian mother and unknown father. The Plaintiffs met the birth mother before the birth of CYH, agreed to adopt CYH and went through the adoption formalities after his birth. CYH was formally adopted on 25 July 2018.
[3] A prior application by the Plaintiffs to register the child as a citizen using the process under art 15A of the Federal Constitution ("FC") had been rejected by the Defendants. The Plaintiffs are now moving the Court under art 14(1)(b) of the FC which provides for citizenship by operation of law.
[4] Article 14(1)(b) of the FC provides that every person born on or after Malaysia Day and having the qualifications specified in Part II of the Second Schedule of the FC are citizens by operation of law. The provisions in Part II of the Second Schedule of the FC that the Plaintiffs rely on are as follows:
Section 1(a) of Part II of the Second Schedule of the FC ("Sec
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