Can an adopted child automatically gain citizenship by operation of law?

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An Adopted Child's Path to Citizenship by Operation of Law Is Subject to Federal Court Review

A Malaysia-born boy, legally adopted by a Malaysian couple, has been granted leave by the Federal Court to appeal a prior decision that denied him Malaysian citizenship. The Federal Court will now consider critical questions of law concerning citizenship by operation of law under the Federal Constitution, particularly as it applies to adopted children. This development offers the child, identified as C, a renewed opportunity to establish his claim to Malaysian citizenship after previous High Court and Court of Appeal rulings against him.
Key Legal Questions to be Heard by the Federal Court

The Federal Court has agreed to hear C's appeal, focusing on five specific questions of law. These questions are central to determining whether C is a citizen by operation of law. They probe the interpretation of constitutional provisions related to citizenship, specifically Article 14(1)(b) and Part II of the Second Schedule of the Federal Constitution. The court will examine whether a child born in Malaysia who does not acquire foreign citizenship is automatically a citizen, the definition of "parents" within these constitutional clauses, and the role of birth certificates issued post-adoption in citizenship claims.
Background of the Citizenship Bid

C, born in January 2004 to unknown biological parents, has been under the care of a Penang couple since birth. The couple legally adopted him through a court order in July 2017. Subsequently, the National Registration Department (NRD) issued a new birth certificate naming the adoptive parents but stating C's nationality as 'non-citizen'. This led to a three-year legal journey, beginning with a judicial review at the High Court which dismissed C's citizenship bid on July 3, 2019. His appeal to the Court of Appeal was also dismissed on July 1, 2020, prompting the current application to the Federal Court.
Implications of Non-Citizen Status

As a non-citizen, C faces significant restrictions that profoundly impact his life. These limitations include the inability to obtain a Malaysian passport, which prevents him from travelling abroad. Furthermore, his non-citizen status restricts his access to essential public services such as education at public schools and universities, and healthcare at government facilities. He is also unable to perform basic financial transactions like opening bank accounts or purchasing property, underscoring the critical need for clarity on his citizenship status.
Alternative Application Under Article 15A

In addition to the legal challenge for citizenship by operation of law, C's parents applied for citizenship registration under Article 15A of the Federal Constitution in November 2018. This article allows the federal government to register individuals under 21 years old as citizens in special circumstances. However, this application has not yet received a response, highlighting the protracted nature of citizenship applications for stateless individuals in Malaysia. The outcome of the Federal Court case could provide a more direct route to citizenship for C.

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Can an adopted child automatically gain citizenship by operation of law?

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