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Malaysian Court Grants Citizenship to Child of Void Marriage Despite Father’s Prior Union

A High Court judge ruled that a teenager born in China to a Malaysian father is a Malaysian citizen, even though his parents' marriage was declared void.

In a ruling from Kuala Lumpur, the High Court affirmed that a teenager born on 18 February 2009 in Shenzhen to a Malaysian father and Chinese mother is a Malaysian citizen by operation of law, despite the second marriage being void due to the father's undisclosed prior marriage from 1995. Judge Sumathi Murugiah held that Section 75(2) of the Law Reform (Marriage and Divorce) Act 1976 protects a child of a void marriage when either parent reasonably believed the marriage was valid, and the mother met that standard.

The court directed the National Registration Department to process and issue a MyKad, subject to normal administrative requirements. Earlier, the child had been issued an emergency certificate, passport and MyKid, reflecting his treatment as a citizen. The judgment clarified that any wrongdoing by the father does not affect the child's citizenship, and no costs were awarded.

Why it matters

The decision clarifies citizenship rights for children of void marriages, impacting many overseas Malaysian families.

In this story

malaysian citizenshipvoid marriagesection 75(2)teenagermykadlaw reform actoverseas birthlegal status
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