I adopted a child that was found outside of a hospital in Kuala Lumpur, Malaysia when the child was 8 years old. I brought Kelvin (the child) to the National Registration Department (NRD) when he turned 12 years old for his MyKad registration. The officer issued a second birth certificate, leaving the parents\u2019 name column blank, stating that such information was not available and that Kelvin\u2019s nationality was \u201cyet to be determined.\u201d When the third birth certificate was issued, Kelvin was labelled as a \u201cnon-citizen\u201d and the parents\u2019 information was unobtainable.<\/p>\n
Q<\/strong>: What can I do so that Kelvin will officially be a citizen of Malaysia?<\/p>\n A<\/strong>: You can rely on the concept of \u201cjus soli\u201d and \u201cjus sanguinis\u201d when it comes to determining the citizenship of a person (Section 1(a) of Part II of the Second Schedule of the Federal Constitution).<\/p>\n Q<\/strong>: What is \u201cjus soli\u201d and \u201cjus sanguinis\u201d?<\/p>\n A<\/strong>: \u201cJus soli\u201d is citizenship that is based on the place of birth, while \u201cjus sanguinis\u201d is citizenship based on blood relations.<\/p>\n \u201cJus sanguinis\u201d has two presumptions:<\/p>\n Q<\/strong>: What does \u201cfound exposed\u201d mean?<\/p>\n A<\/strong>: It means that the child is abandoned and discovered by people at any location without the presence of their biological parents.<\/p>\n Q<\/strong>: Who needs to prove Kelvin\u2019s citizenship?<\/p>\n A<\/strong>: The defendant who claims that the child is not abandoned (in this scenario, the NRD) will need to prove Kelvin\u2019s mother\u2019s identity.<\/p>\n Q<\/strong>: In the case whereby Kelvin can be proven that he is abandoned, does that mean that he is a citizen of Malaysia?<\/p>\n A<\/strong>: In that case, Kelvin will be presumed to be born to a mother that is a resident of Malaysia unless the contrary can be shown (Section 19B of Part III of Second Schedule of Federal Constitution). There is no evidence to say that Kelvin is a citizen of another country. This means that Kelvin will be a citizen of Malaysia.<\/p>","protected":false},"excerpt":{"rendered":" What can the adopted parents of an abandoned child rely on to get citizenship? <\/p>","protected":false},"author":1,"featured_media":3636,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3035],"tags":[3436,3437,3438],"class_list":["post-3631","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-administrative","tag-administrative-law","tag-citizenship","tag-citizenship-by-operation-of-law"],"yoast_head":"\n\n