Why are children born out of wedlock denied Malaysian citizenship?

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Children Born Out of Wedlock Denied Malaysian Citizenship Due to Legal Interpretation of Legitimacy

Children born in Malaysia to a Malaysian father and a non-Malaysian mother, when the parents were not married at the time of birth, are generally denied Malaysian citizenship. This denial stems from a High Court interpretation of the Federal Constitution, which distinguishes between children born within and outside of marriage. The court has ruled that such children are considered "illegitimate" and, under this classification, can only inherit their non-Malaysian mother’s citizenship, not their Malaysian father’s. This legal stance has led to repeated rejections for these children when they apply for citizenship, even under discretionary provisions like Article 15A of the Federal Constitution.
Legal Basis for Distinguishing Children Born Within and Outside Marriage

The Malaysian legal framework, as interpreted by the High Court in these cases, categorises children born to unmarried parents as "illegitimate." This classification is significant because, according to the Federal Constitution, legitimate children (born within marriage) of a Malaysian father are typically eligible to inherit his citizenship. Conversely, illegitimate children are deemed to follow the citizenship of their mother. This distinction is a critical factor in determining citizenship eligibility, placing children born out of wedlock at a disadvantage if their mother is not a Malaysian citizen.
Challenges with Citizenship Applications Under Article 15A

Children in this situation have frequently sought Malaysian citizenship through applications under Article 15A of the Federal Constitution. This article grants the government discretionary power to register individuals under the age of 21 as citizens. However, the process is not guaranteed, as the government can reject applications without providing reasons. Furthermore, the age limit for Article 15A applications, coupled with potentially lengthy waiting periods for decisions, can reduce the number of opportunities for these children to apply successfully before they turn 21, as exemplified by cases where individuals made multiple applications over several years, such as "J" who applied four times between the ages of 12 and 24.
Disagreement on Statelessness and Citizenship Inheritance

The High Court has expressed disagreement with the assertion that these children would become stateless. The court's position is that such children would automatically follow their non-Malaysian mother’s citizenship. This is the case even when the children themselves claim to not be citizens of any country and have obtained confirmations from their respective embassies, such as those from Indonesia or the Philippines, stating they do not hold citizenship or passports from those nations. This highlights a divergence between the court's legal interpretation of citizenship inheritance and the lived reality and claims of the affected children.
Broader Implications of Denied Citizenship

The denial of Malaysian citizenship carries significant implications for individuals, impacting various aspects of their lives. Without Malaysian citizenship, these children face substantial difficulties in performing everyday activities and securing their future. These challenges include the inability to apply for a driving licence, open bank accounts, access loans, conduct online transactions, purchase property, or obtain insurance policies. Court documents from some of these cases also indicate that individuals may face higher medical treatment costs in public facilities, encounter obstacles in pursuing higher education at universities, struggle to find employment, and experience a future fraught with uncertainty, with potential negative impacts on subsequent generations.

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Why are children born out of wedlock denied Malaysian citizenship?

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