Appeals court rules woman abandoned at birth entitled to citizenship

The Court of Appeal in a 2-1 majority decision today ruled that a 23-year-old woman who was adopted by Malaysian parents was abandoned when she was born at a private hospital, and that she is entitled to Malaysian citizenship.

Justice S Nantha Balan, who read out the majority ruling, said the woman was entitled to be a citizen of Malaysia by operation of law, by virtue of her birth within the federation of Malaysia, pursuant to Article 14(1)(b), Section 1(a) of Part II of the Second Schedule of the Federal Constitution, read together with Section 19B of Part III of the Second Schedule of the Federal Constitution.

He said the court also granted a certiorari order to quash the Registrar-General of Births and Deaths Malaysia’s decision in issuing and signing a birth certificate for the woman as a non-citizen.

The court also granted the mandamus order sought by the woman directing the respondent (Registrar-General of Births and Deaths Malaysia) to reissue the birth certificate and register the woman as a citizen.

“We are of the view that the facts disclose that the woman was abandoned. We do not take that the fact that payment was made to an unknown intermediary detracts from the fact that there was an abandonment of the baby by her biological parents.

“As such, given the term ‘exposed’ in the widest possible meaning and interpretation, we find the woman was abandoned and therefore qualifies for citizenship.

“Under the circumstances, we by the majority, find merit in the appeal. The appeal is allowed and the High Court decision is set aside,” he said in delivering the decision agreed to by Kamaludin Md Said, who led the three-judge panel.

Nantha Balan said that the appellate court was bound by the Federal Court’s November 2021 decision in a similar case involving a child abandoned at birth at a hospital in Kuala Lumpur, and who was later also adopted by Malaysian parents.

Besides the woman, the other two appellants are her adoptive parents aged 70 and 69.