What is the legal basis for denying citizenship to children born out of wedlock to Malaysian fathers?

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Legal Basis for Denying Citizenship to Children Born Out of Wedlock to Malaysian Fathers

Children born out of wedlock to Malaysian fathers and non-Malaysian mothers are considered "illegitimate" under Malaysian law, which forms the legal basis for their denial of Malaysian citizenship. This classification stems from provisions within the Federal Constitution that differentiate citizenship inheritance based on whether a child is born within or outside of marriage. Consequently, such children are generally only able to inherit the citizenship of their non-Malaysian mother and are precluded from inheriting their Malaysian father's citizenship.
Interpretation of the Federal Constitution Regarding Illegitimate Children

The High Court's stance in cases like Velmurugan's hinges on the interpretation of the Federal Constitution concerning children born outside of marriage. The court has stated that these children, by virtue of their birth outside of wedlock, are "illegitimate." Under the existing constitutional framework, this status means they can only acquire citizenship through their non-Malaysian mother. The court found that the facts presented did not establish the mother's Malaysian citizenship, thus reinforcing the child's non-citizen status, mirroring that of the mother.
Distinguishing Legitimate vs. Illegitimate Births for Citizenship

A significant distinction is drawn in the Federal Constitution between children born within a marriage and those born outside of it. If children are born to parents who are married, they are considered "legitimate" and are able to inherit their Malaysian father's citizenship. However, for children born when their parents are not married, this direct inheritance pathway from the Malaysian father is not available, irrespective of the father's Malaysian citizenship. This legal differentiation is a core reason why these children face obstacles in obtaining Malaysian citizenship.
Rejection of Statelessness Claims Based on Maternal Citizenship

In instances where these children are denied Malaysian citizenship, the High Court has disagreed with claims of statelessness. The court's reasoning is that these children would follow their non-Malaysian mother's citizenship. This perspective has been maintained even when the children have presented evidence, such as confirmations from foreign embassies, indicating they are not citizens of their mothers' countries of origin. The court's position implies that the legal framework presumes a connection to the maternal citizenship, thereby not classifying them as stateless in the eyes of the law.

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What is the legal basis for denying citizenship to children born out of wedlock to Malaysian fathers?

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