What burden of proof rests on the NRD for abandoned children?

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The National Registration Department Must Prove Abandonment Was Not the Case for Abandoned Children

The Federal Court has ruled that the burden of proof lies with the Registrar-General of Births and Deaths Malaysia (and by extension, the National Registration Department or NRD) to demonstrate that a found child was not abandoned by their mother. If the NRD cannot provide evidence to identify the biological parents after conducting investigations, they are obligated to recognise the child's Malaysian citizenship based on constitutional provisions. This landmark decision provides a critical framework for addressing statelessness among abandoned children in Malaysia.
NRD's Obligation to Investigate Biological Parentage

The Federal Court's interpretation of Section 19B of Part III of the Second Schedule of the Federal Constitution places a significant onus on the Registrar-General. This section presumes that any newborn child found abandoned in a location was born to a mother who was permanently residing there. This presumption holds true "until the contrary is shown." Consequently, if the NRD wishes to deny citizenship based on the claim that a child was not abandoned or that the mother's identity is known and she was not a permanent resident, the burden falls upon them to present concrete evidence to that effect.
Consequences of Failure to Rebut Presumption

Should the NRD be unable to produce evidence to the contrary after undertaking appropriate investigations, the constitutional provisions mandate the recognition of the child's citizenship. The court has indicated that the NRD possesses the government machinery and access to hospital records, such as those from Hospital Universiti Kebangsaan Malaysia in the case of the 17-year-old applicant identified as C, to verify details about the biological mother. The failure to discharge this legal burden means the presumption under Section 19B stands, and the child is entitled to citizenship by operation of law, as stipulated in Section 1(a) of Part II of the Second Schedule.
Precedent for Future Abandoned Child Cases

This Federal Court decision establishes a crucial precedent for how future cases involving abandoned newborns will be handled. The ruling clarifies that the Registrar-General has no discretion to deny citizenship when the circumstances point to abandonment and when the biological parents cannot be identified. The court emphasised that citizenship by operation of law is a fundamental constitutional right, not subject to subjective interpretation or discretionary decisions by government bodies. The NRD is now obligated to conduct thorough investigations, and if abandonment is confirmed and parental identity remains unknown, citizenship must be granted.

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What burden of proof rests on the NRD for abandoned children?

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