KUALA LUMPUR, Oct 21 — The government has no plans to amend Section 17 of Part III of the Second Schedule of the Federal Constitution, which governs the citizenship status of children born before their parents’ marriage is legally registered.

Deputy Home Minister Datuk Seri Shamsul Anuar Nasarah said the provision remains relevant to ensure that citizenship is determined in accordance with existing laws.

“In view of this, there is currently no proposal to amend Section 17 of Part III of the Second Schedule of the Federal Constitution,” he said during a Special Chamber session in the Dewan Rakyat today.

He was responding to a question from S. Kesavan (PH-Sungai Siput), who asked whether the government would review and amend the provision to prevent children from being denied citizenship solely due to their parents’ marital status.

Elaborating, Shamsul Anuar said being born in Malaysia does not automatically confer citizenship, as the determination depends on marital status and the citizenship status of the biological parents at the time of the child’s birth. 

“(This is) in line with the provisions of Part III of the Federal Constitution, the Citizenship Rules 1964 and other relevant laws in force on the registration of marriages, adoption, legitimacy of children and immigration regulations.

“For example, the marriage of non-Muslim couples must be registered under the Law Reform (Marriage and Divorce) Act 1976 (Act 164), while for Muslims, marriage registration is subject to the administration of Islamic religious affairs in their respective states,” he explained.

For children born before their parents’ marriage is legally registered, Shamsul Anuar said the child’s citizenship status is determined by the citizenship status of the biological mother, in line with Section 17 of Part III of the Second Schedule of the Federal Constitution.

However, he said the government does not close the door on individuals who meet the requirements to apply for citizenship through the channels provided by law.

“They may apply, but whether it is approved is subject to the eligibility outlined. Every application must meet the stipulated conditions and be assessed on the entirety of the facts, documents and provisions of the law in force,” he said. — Bernama