In brief

What is the right to citizenship of children born overseas to Malaysian mothers?

  1. The following persons, born on or after Malaysia Day, are citizens by operation of law, subject to the requirements of Part III of this Constitution:

b) every person born outside the Federation whose father is at the time of the birth a citizen and either was born in the Federation or is at the time of the birth in the service of the Federation or of a State

c)  every person born outside the Federation whose father is at the time of the birth a citizen and whose birth are, within one year of its occurrence or within such longer period as the Federal Government may in any particular case allow, registered at a consulate of the Federation or, if it occurs in Brunei or in a territory prescribed for this purpose by order of the Yang diPertuan Agong, registered with the Federal Government; …

Q. If I’m a Malaysian citizen but my child is born overseas. Does my child have the right to citizenship in Malaysia?

A. Yes, according to Family Frontiers, the High Court judge ruled that the word “father” in section 1 of the Second Schedule must be read to include mothers, and that the children born abroad are thus entitled to citizenship by operation of law.

Decision by the courts