What constitutional clause grants citizenship to abandoned newborns?

Question

Accepted Answer

Section 19B of the Federal Constitution's Second Schedule grants citizenship to abandoned newborns found in Malaysia.

Section 19B of Part III of the Second Schedule within Malaysia's Federal Constitution provides a pathway to citizenship for infants discovered abandoned within the country. This constitutional provision presumes that such a child was born to a mother who holds permanent resident status in Malaysia. This presumption is crucial as it allows Malaysian-born children, who would otherwise not meet the primary citizenship criteria, to be automatically granted Malaysian citizenship. This is achieved by fulfilling the conditions outlined in Article 14(1)(b) read with Section 1(a) of the Federal Constitution, which stipulates that at least one parent must be a Malaysian citizen or a permanent resident.
Presumption of Permanent Resident Motherhood

The legal framework established by Section 19B operates on a significant presumption: any "new born child found exposed" or abandoned in Malaysia is deemed to have been born to a mother who is a permanent resident. This legal fiction is designed to prevent statelessness among infants found without known parentage. For instance, in a recent Court of Appeal case, a 17-year-old girl abandoned shortly after birth in Klang was found to be automatically entitled to Malaysian citizenship under this provision, as the government failed to rebut the presumption that her biological mother was a permanent resident.
Fulfilling Citizenship Requirements

By invoking the presumption under Section 19B, an abandoned newborn is effectively considered to have a parent who is a permanent resident. This satisfies the requirements of Article 14(1)(b) of the Federal Constitution, which, when read with Section 1(a) of the Second Schedule, grants citizenship to any person born in Malaysia if, at the time of their birth, at least one parent was a Malaysian citizen or a permanent resident. The constitutional clause thus provides a direct mechanism for such children to be recognised as citizens by operation of law.
Distinguishing Abandonment Circumstances

The application of Section 19B is specifically tied to the status of the child as a "new born" at the time of abandonment. This distinction was highlighted in a case where a 29-year-old woman, abandoned as a toddler around age one, was denied automatic citizenship. The court ruled that while she was abandoned, she did not meet the "new born" criteria under Section 19B, thus precluding the presumption of her mother being a permanent resident from applying. This case underscores the precise age threshold that is critical for the application of this citizenship provision.

Reading history

Hide →

This history is cleared when the page is closed.

What constitutional clause grants citizenship to abandoned newborns?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends