THE issue of citizenship for children born overseas to Malaysian mothers can be resolved if Putrajaya amends the second schedule of the Federal Constitution, Attorney-General Idrus Harun said.

The Second Schedule, Part II of the Federal Constitution states that the biological father cannot be extended to include the mother or parents. 

“It is for the government, not me (to propose the amendment),” he told reporters after attending the Keluarga Malaysia Simposium: Achievements and Aspirations in Putrajaya today. 

Idrus said that although overseas-born children are not automatically Malaysian citizens by law, a parent can still apply for citizenship with the Home Ministry. 

“I would like to stress here that although children born abroad to Malaysian mothers with foreign spouses cannot automatically be a (Malaysian) citizen by operation of law, the children can still do so by registration,” he said. 

Earlier this month, the Court of Appeal, in a 2-1 majority decision, ruled that children born overseas to Malaysian mothers married to foreign spouses are not entitled by operation of law to Malaysian citizenship.

The three-member bench, chaired by Kamaludin Md Said, allowed the appeal by the government, Home Ministry, and the National Registration Department director-general, who were the appellants.

The decision was agreed to by Kamaludin Md Said and Azizah Nawawi, while S. Nantha Balan dissented.

The Association of Family Support & Welfare Selangor and Kuala Lumpur (Family Frontiers) and six Malaysian women married to foreigners with overseas-born children had on September 9 last year succeeded in their High Court lawsuit against the three appellants. – August 21, 2022.