How does Section 19B of the Federal Constitution address statelessness in abandoned children?

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Section 19B creates a constitutional presumption that helps abandoned newborns avoid statelessness in Malaysia
Section 19B of the Federal Constitution’s Second Schedule (Part III) provides that a “new born child found exposed” or abandoned in Malaysia is presumed to have been born to a mother who is a permanent resident in Malaysia. That presumption can allow the child to become Malaysian automatically by operation of law, because the child then meets the constitutional requirement under Article 14(1)(b) and Section 1(a) that at least one parent is either a Malaysian or a permanent resident.
It presumes the mother’s permanent resident status for abandoned newborns
The rule in Section 19B applies to a “new born child found exposed” or abandoned in Malaysia and treats the child as if the birth mother were a permanent resident. In the Klang case of the 17-year-old stateless girl, the Court of Appeal applied this presumption because the facts showed she was abandoned as a newborn a few days after being born in a clinic in Klang, Selangor.
It operates automatically as citizenship by law when the presumption stands
In the girl’s case, the Court of Appeal made orders that included a declaration that she is a Malaysian citizen by operation of law under Article 14(1)(b), the Second Schedule Part II Section 1(a), and Section 19B. The court also ordered a new birth certificate to be issued and for her registration and MyKad issuance to follow within set timelines after the order, reflecting that the constitutional presumption had not been rebutted by the government.
It does not apply when the child is not found as a “new born”
The same protection does not extend to every abandoned child situation. In the Pahang case involving a 29-year-old stateless woman abandoned as a one-year-old at a bus stop, the Court of Appeal held that Section 19B did not apply because she was not a “new born” child when found; medical and police records estimated her age at about one year and about one-and-a-half years, respectively. With that requirement not met, the constitutional pathway that relies on the Section 19B presumption could not be used to declare her Malaysian.

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How does Section 19B of the Federal Constitution address statelessness in abandoned children?

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