# Registering a Malaysian Born Abroad: Citizenship by Descent

> A neutral guide on how to confirm and register citizenship status for a child born outside Malaysia to a citizen mother or father, under Article 14(1)(b) and the Second Schedule of the Federal Constitution, including the difference between reporting a birth at a Malaysian mission and registering directly with JPN, as well as developments from the 2024 amendment.

- Category: settling-in
- Language: en
- Status: published
- Updated: 2026-08-07
- Canonical: https://negaraku.md/en/settling-in/registering-a-malaysian-born-abroad

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A baby is born in a London hospital to a Malaysian couple posted there. The local birth certificate states that the baby was born in the United Kingdom, yet under Malaysian law the child may already be a citizen — provided the status is properly recorded. How that status is confirmed, and who qualifies, are questions that touch on fundamental provisions of the Federal Constitution.

## What does citizenship by descent mean?

The Federal Constitution confers citizenship in several ways. One of them is **by operation of law** (*secara kuat kuasa undang-undang*) — a status acquired automatically when the conditions are met, not granted through ministerial discretion.

Article 14(1)(b), read together with Part II of the Second Schedule, covers persons born **on or after** Malaysia Day (16 September 1963). The provision states that "every person born outside the Federation whose father at the time of the birth was a citizen" is a citizen. This is the basis of citizenship by descent for a child born outside Malaysia. (According to the Family Frontiers guide, the Article 14(1)(b) route applies to persons born abroad on or after Malaysia Day.)

An important point: registration **confirms** this status, it does not **create** it. If the conditions are met, the child is already a citizen from birth. However, without an official record, families can face difficulty proving that status when applying for a passport, enrolling in school, or in other matters later on.

## Which form is used, and who may apply?

An application to confirm the citizenship status of a child born abroad under Article 14 is made using **Form D**.

Based on the Family Frontiers guide describing the JPN process (these details should be confirmed directly with JPN, as the JPN service page could not be accessed automatically while this draft was being prepared):

- The **applicant** may be a citizen parent, the child itself, or in certain circumstances a guardian or next of kin.
- The **applicant and the person to be registered** usually need to appear in person before a Registrar of Citizens or a Consular Officer when submitting the application.
- The form can usually be obtained at JPN Headquarters in Putrajaya, a state or branch JPN office, and for births abroad, at a Malaysian mission (embassy or consulate).

## Reporting at a Malaysian mission or registering directly with JPN?

There are two places to submit the application, and both end up in the same JPN record.

| Place | How it works |
| --- | --- |
| **Malaysian mission abroad** (embassy / consulate) | Suitable for families still abroad. The application is received by a Consular Officer and then forwarded to JPN Headquarters in Putrajaya for processing. |
| **JPN office in Malaysia** | Suitable for families who have returned. The application is made directly at JPN Headquarters in Putrajaya or a state/branch office. |

The choice of place usually depends on where the family is located. According to the guide compiled by the advocacy body Family Frontiers, the fees involved include RM20 for the application and RM30 for the issuance of the certificate by JPN (or RM10 if issued by the embassy). Official rates and the latest checklist should be checked directly with JPN or the relevant mission before attending.

## What documents are usually required?

The actual list varies by case, but based on the available guide, the documents commonly requested include:

**For the child:**
- Original overseas birth certificate (with a certified translation into Malay or English if needed)
- Passport or travel document
- Three (3) passport-sized photographs with a blue background
- Proof of schooling, or a statutory declaration of not being in school

**For the citizen parent:**
- Identity card
- Birth certificate
- Citizenship certificate (if any)
- Marriage certificate, or a statutory declaration of not being married

Because the application involves confirming a constitutional status, original documents are usually brought along with certified copies.

## Why is the parent's gender an issue?

This is where the sensitivity of the topic lies. The text of the Second Schedule historically referred to the "father" only. This meant a child born abroad acquired automatic citizenship only where the **father** was a citizen; a citizen mother married to a foreigner could not pass on that status through the same route.

The issue became a matter of court dispute. After an earlier decision at the High Court, the Court of Appeal on **5 August 2023** (in the case of *Suriani Kempe & Ors v Government of Malaysia & Ors*) ruled that the operation-of-law route under Article 14(1)(b) did not apply to a citizen mother for a child born abroad; following that decision, all Form D applications by citizen mothers were frozen, as recorded in the Family Frontiers guide. The government and the party bringing the challenge advanced different arguments: critics contended that the existing provision conflicts with Article 8(2) on equality and with Malaysia's obligations under the CEDAW Convention, while the court's interpretation focused on the meaning of the constitutional text as written.

As an interim route for citizen mothers, the available path is **Article 15(2) (Form B)** — discretionary registration whose decision rests with the Ministry of Home Affairs, and which may be applied for until the child turns 18.

## What changed with the 2024 amendment?

On **17 October 2024**, the Dewan Rakyat passed the constitutional amendment Bill on citizenship with the support of 206 members, exceeding the two-thirds majority required under Article 159. Among the changes:

- Replacing the word "father" with "at least one parent" in the Second Schedule, so that citizen mothers and fathers alike may pass on citizenship to a child born abroad.
- Lowering the age limit for certain applications from 21 to 18.

Two important points to understand. First, the amendment **does not operate retroactively** — it applies only to children born after it comes into force. Second, the same Bill also carried several other changes (among them concerning foundlings and children of permanent residents) that raised concerns among some civil society organisations that it could add to the risk of statelessness. Views on the balance of this amendment differ between the government and its critics, and this draft takes no position on it.

According to a statement by the Minister of Home Affairs in February 2026, the government is targeting a commencement date of **1 June 2026**, in line with Section 1(2) of the Act, with an online pre-registration system planned.

For children **born before** the Act comes into force, a consent settlement recorded at the Federal Court on **10 March 2025** allows children under 18 born abroad to a citizen mother and a foreign father to apply for citizenship under Article 15(2).

## What are the next steps?

- **Check the child's current status.** If the father was a citizen at the time of birth, status under Article 14(1)(b) may already exist and only needs to be confirmed through Form D.
- **Decide where to apply** — a Malaysian mission if still abroad, or a JPN office if already returned.
- **Confirm the latest document list and fees** directly with JPN or the relevant mission, as requirements can change.
- **For a child of a citizen mother,** determine whether the case falls under the Article 15(2) route (born before the 2024 Act comes into force) or the amended Article 14 route (born after it), and monitor the commencement date and the official procedures issued by JPN.

> This draft is for general information and is not legal advice. Constitutional provisions, procedures, and commencement dates can change — confirm with JPN, a Malaysian mission, or a qualified legal adviser for a specific case.

## Sources

- Permohonan Taraf Kewarganegaraan Di Bawah Perkara 14 Perlembagaan Persekutuan (Kelahiran Luar Negara) — https://www.jpn.gov.my/perkhidmatan/warganegara/permohonan-taraf-kewarganegaraan-di-bawah-perkara-14-perlembagaan-persekutuan-kelahiran-luar-negara/ (Jabatan Pendaftaran Negara (JPN))
- Kewarganegaraan secara Kuat Kuasa Undang-undang [Perkara 14(1)(b)]: Borang D — https://familyfrontiers.org/guide/citizenship-children/kewarganegaraan-di-luar-negara-malaysia/ (Family Frontiers)
- FAQ: Children — Malaysian Mothers, Overseas-Born Children and the 5 August 2023 Court of Appeal Ruling — https://familyfrontiers.org/faq/faq-children/ (Family Frontiers)
- Dewan Rakyat Passes Constitution Amendment Bill On Citizenship — https://bernama.com/en//news.php?id=2352948 (Bernama)
- Malaysia's Proposed Citizenship Amendments: Gender Equality Moving Ahead but Other Challenges Surface — https://constitutionnet.org/news/malaysias-proposed-citizenship-amendments-gender-equality-moving-ahead (ConstitutionNet (International IDEA))
- Citizenship law amendment set to take effect June 1 — https://www.malaymail.com/news/malaysia/2026/02/10/citizenship-law-amendment-set-to-take-effect-june-1/208659 (Malay Mail)
- Children born overseas to M'sian mothers can apply for citizenship — https://www.thestar.com.my/news/nation/2025/03/10/children-born-overseas-to-msian-mothers-can-apply-for-citizenship (The Star)

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