PETALING JAYA: Children born overseas to a Malaysian mother and a foreign father can now apply to be Malaysian citizens, the same privilege accorded to children born overseas to a Malaysian father.
This historic change was part of a settlement reached by a group of Malaysian mothers who took the government to court for denying citizenship to their overseas-born children.
ALSO READ: Malaysian mothers celebrate citizenship win for overseas-born children
The settlement of the case was recorded at the Federal Court on Monday (March 10).
In a statement issued Monday, the Association of Family Support and Welfare Selangor and Kuala Lumpur (Family Frontiers) president Suriani Kempe and six other mothers said that they had reached a “successful settlement” with the government.
“This meaningful outcome is a step forward for gender equality and the rights of Malaysian mothers and their overseas-born children.
“A child under 18 years old, born overseas to a Malaysian mother and non-Malaysian father before the Constitution (Amendment) Act 2024 comes into effect can apply for Malaysian citizenship under Article 15(2) of the Federal Constitution.
ALSO READ: Apex court allows settlement in citizenship case for overseas-born children of Msian mothers
“Subject to Article 26(1) of the Federal Constitution and the application procedures under Article 15(2), including providing the necessary supporting documents, the child will be registered as a Malaysian citizen based on the conditions set out in the Constitution (Amendment) Act 2024.
“The Malaysian citizenship status and documents given to the children of the 2nd to 7th Appellants are permanent, as long as they meet the relevant conditions outlined in the Constitution (Amendment) Act 2024,” said Family Frontiers.
The group further said that this development is particularly impactful for existing overseas-born children of Malaysian mothers who were not covered by the recent Constitution (Amendment) Act 2024 to Sections 1(b) and 1(c) under Part II, Second Schedule of the Federal Constitution.
Their lawyer Prof Datuk Dr Gurdial Singh Nijar said that the landmark settlement corrects decades-long discrimination against (Malaysian) women.
Family Frontiers said that “this historic outcome is a powerful testament to the perseverance and collective advocacy of Malaysian mothers.
“Since the start of the Suriani court case and the #PindaPerkara14UntukIbu constitutional amendment campaign, these mothers have tirelessly championed the conviction that no mother and child should be left behind.
“Their unwavering commitment has brought about this profound and transformative change.
“Family Frontiers welcomes the Home Minister’s policy reforms, which have led to faster processing of citizenship applications and increased citizenship application approvals.
“This progress has brought immense hope and relief to many Malaysian parents and their children while moving Malaysia closer to achieving true equality,” said Family Frontiers in its statement.
On Oct 17, Malaysia passed a law allowing children born overseas to Malaysian mothers to be eligible for citizenship, a progressive step that was delayed for months after activists and backbenchers protested other provisions in the law when it was proposed.
The Constitution (Amendment) Bill 2024 was passed with the requisite two-thirds majority in the Dewan Rakyat, allowing both mothers and fathers to pass on their Malaysian citizenship to their children born overseas.
However, the law was not applicable retrospectively, leaving existing overseas-born children to a Malaysian mother and foreign father in a quandary.
