KUALA LUMPUR, July 24 — Civil society group DHRRA Malaysia has called on the government to introduce more compassionate solutions for children who remain without Malaysian citizenship despite being raised entirely by their Malaysian biological fathers.
The appeal follows a recent Court of Appeal decision that ruled children born out of wedlock cannot automatically inherit Malaysian citizenship from their fathers under the current constitutional framework.
DHRRA Malaysia said it respects the court's interpretation of the Federal Constitution but believes lawmakers should prioritise the welfare of affected children when considering future amendments to citizenship laws.
The ruling stemmed from two separate cases involving individuals born in Malaysia to Malaysian fathers and foreign mothers who were not legally married at the time of their births. Both were raised solely by their fathers after their mothers left during their childhood.
Although DNA tests confirmed the fathers' biological relationship, the Court of Appeal ruled that citizenship for children born out of wedlock is determined through the mother under Section 17 of the Second Schedule of the Federal Constitution. The court also noted that the individuals could, in principle, seek citizenship through their mothers' respective countries.
DHRRA Malaysia argued that this legal position creates significant challenges for many affected children, particularly those who have never lived outside Malaysia, have no meaningful ties to their mothers' home countries, or are unable to establish contact with their mothers.
The organisation said expecting such children to obtain citizenship elsewhere does not adequately consider their upbringing, identity, or long-term welfare.
It also noted that Malaysia is often cited as one of the few countries where biological fathers cannot automatically pass citizenship to children born outside of marriage, urging policymakers to review whether the current legal framework continues to serve the best interests of children.
DHRRA Malaysia has called on the government to assess affected cases individually and explore practical pathways that provide legal certainty and stability for children who have spent their lives in Malaysia.
The organisation also reaffirmed the importance of marriage registration but stressed that children should not bear the consequences of decisions made by adults.
source: advocacy-group-dhrra-urges-reform-after-court-denies-citizenship-to-malaysia-born-children
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