Who bears the burden of proof in challenging Section 19B presumptions?

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The burden of proof in challenging Section 19B presumptions rests with the party challenging the presumption.

The National Registration Department (NRD) and the Malaysian government are responsible for demonstrating that the birth mother was not a permanent resident, rather than requiring the child or adoptive parents to prove a negative by identifying an unknown mother. As the government failed to rebut this constitutional presumption, the Court of Appeal declared LS a Malaysian citizen.
Rebutting the Section 19B Presumption

Section 19B of Part III of the Second Schedule of the Federal Constitution establishes a presumption that an abandoned newborn was born to a mother who is a permanent resident. This provision is designed to protect abandoned newborns from statelessness. The court's ruling clarifies that the onus is on the authorities, such as the NRD and the government, to disprove this presumption.
Failure to Rebut Leads to Citizenship Declaration

In the case of LS, a girl abandoned at a care home shortly after birth, the Court of Appeal found that the government did not provide sufficient evidence to rebut the presumption that her birth mother was a permanent resident. Consequently, the court ruled that LS is a Malaysian citizen by operation of law. This decision underscores the protective nature of Section 19B for children facing statelessness.
Abandonment Clarified by Court of Appeal

The Court of Appeal determined that a child is considered abandoned under Section 19B even if the birth mother intentionally surrendered the child to an intermediary before permanently disappearing. The focus, according to the judgment, is on whether abandonment occurred, not the specific method by which the mother relinquished the child. This interpretation broadens the scope of constitutional protection against statelessness.

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Who bears the burden of proof in challenging Section 19B presumptions?

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