What specific constitutional clauses determine Malaysian citizenship by birth?

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Constitutional Clauses Governing Malaysian Citizenship by Birth

The Federal Constitution of Malaysia outlines specific provisions that determine citizenship by birth. In cases involving children born outside of a valid marriage, the parentage is determined by the mother, as stipulated in Section 17 of Part III of the Second Schedule. For children who are found abandoned, Section 19B of the same Part of the Federal Constitution addresses their citizenship status.
Illegitimate Children's Citizenship is Tied to the Mother

Under Malaysian constitutional law, the parentage of an illegitimate child is legally recognised as being through the mother. This principle, as stated in Section 17 of Part III of the Second Schedule of the Federal Constitution, means that for citizenship purposes, an illegitimate child cannot automatically derive citizenship from their father. Instead, their citizenship status is linked to that of their mother.
Abandoned Children Have Specific Provisions for Citizenship

Section 19B of Part III of the Second Schedule of the Federal Constitution provides a specific pathway for the citizenship of a "new born child found exposed" or abandoned. This clause allows for the consideration of citizenship for children whose parentage is unknown or who have been left without care, indicating a distinct legal framework for such circumstances.
Citizenship by Operation of Law Requires Constitutional Compliance

The Court of Appeal has affirmed that citizenship by operation of law is granted only when the explicit requirements laid out in the Federal Constitution are met. This means that factors such as possessing a Malaysian passport or a MyKid number, while indicative of administrative treatment, do not in themselves confer citizenship. The ultimate determinant remains adherence to the constitutional provisions for citizenship.
Establishing Citizenship Requires Proof of Not Being Born a Citizen Elsewhere

A critical aspect in determining citizenship by birth is not solely about current recognition by another state, but rather whether the individual was "not born a citizen of any country." This means the burden of proof lies in demonstrating that at the moment of birth, the child did not possess citizenship of any other nation, regardless of subsequent recognition or lack thereof.

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What specific constitutional clauses determine Malaysian citizenship by birth?

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