What is the legal basis for rejecting citizenship for children born out of wedlock?

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Legal Basis for Rejecting Citizenship for Children Born Out of Wedlock

The Court of Appeal has ruled that two individuals born in Malaysia are not entitled to Malaysian citizenship because their Malaysian fathers were not married to their non-Malaysian mothers at the time of their births. This decision aligns with established legal precedents, including a 2021 Federal Court ruling in a similar citizenship case and prior Court of Appeal judgments. The court's interpretation dictates that children born out of wedlock, or when parents are unmarried, must adopt the citizenship status of their mother.
Children Must Follow Mother's Citizenship If Born Out of Wedlock

The Court of Appeal's decision, delivered unanimously by judges Datuk Azhahari Kamal Ramli, Datuk Faizah Jamaludin, and Datuk Hayatul Akmal Abdul Aziz, mandates that children born to unmarried parents must follow their mother's citizenship. This principle was applied to both cases before the court. For instance, a woman identified as J, born in Kuala Lumpur, was deemed to follow her Indonesian mother's citizenship. Similarly, a man identified as D, born in Teluk Intan, Perak, was determined to follow his Filipino mother's citizenship, despite being raised in Malaysia by his Malaysian father.
Previous Federal Court Ruling Guides Decision

The legal reasoning underpinning this decision is largely based on the Federal Court's 2021 ruling concerning the citizenship case of CTEB. This earlier judgment established a precedent for how citizenship applications are handled when parents are not legally married at the time of a child's birth. The Court of Appeal's current stance reiterates this interpretation, confirming that the absence of a marital union between the biological parents at the point of birth is a critical factor in determining citizenship entitlement through the father.
Rejection Based on Specific Constitutional Provisions

In the case of D, his bid for Malaysian citizenship under Section 1(a) and Section 1(e) of the Federal Constitution was rejected. The court asserted that he is not stateless, as he can trace his citizenship to his Filipino mother. Furthermore, the court dismissed his argument that denying his father's Malaysian citizenship status due to their unmarried status constituted gender discrimination. The ruling implies that the legal framework prioritises the mother's citizenship for children born outside of marriage, irrespective of the father's Malaysian nationality.

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What is the legal basis for rejecting citizenship for children born out of wedlock?

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