COURT OF APPEAL (PUTRAJAYA)
ABANG ISKANDAR, J, ZAMANI A RAHIM, J, ZALEHA YUSOF, JJCA
Pendaftar Besar Kelahiran dan Kematian Malaysia – Appellant
Versus
Pang Wee See & Anor (applying on their behalf and as litigation representatives for Pang Cheng Chuen a child) – Respondent
BRIEF FACTS OF THE CASE
[1]In March 2001, Pang Wee See and Yee Oii Pah (‘the applicants’) were informed by a relative that there was a newborn baby (‘the child’) at Taj Hospital, Jalan Ipoh, Kuala Lumpur for adoption. The applicants decided to adopt the child as they did not have any children of their own.
[2]On 23 March 2001, the applicants registered the birth of the child at National Registration Department (‘NRD’) with the applicants’ names as the biological parents of the child (‘first birth certificate’).
[3]On 29 August 2013, the second applicant (Yee Oii Pah) together with the child went to NRD to apply for a MyKad for the child. The second applicant was interviewed by Encik Mohd Afizul bin Yajid, an officer from the NRD, in respect of the accuracy of the applicants’ names on the child’s first birth certificate. The second applicant disclosed to Encik Mohd Afizul that the child was not formally adopted. Encik Mohd Afizul explained the necessary steps needed to be taken for the child to be formally adopted, including amending certain particulars of the first birth certificate.
[4]On 23 January 2014, the NRD reissued the child
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