Finally enjoying the same privilege accorded to children born overseas to a Malaysian father.
Children born overseas to Malaysian mothers and foreign fathers can now apply for Malaysian citizenship, receiving the same privilege previously granted only to children of Malaysian fathers.
This historic change follows a landmark settlement reached by a group of Malaysian mothers who took the government to court over the denial of citizenship to their overseas-born children. The settlement was recorded at the Federal Court on Monday (10 March).
In a joint statement, Family Frontiers president Suriani Kempe and six other mothers described the outcome as a significant step towards gender equality and a victory for Malaysian mothers and their 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.
“Subject to Article 26(1) and standard application procedures, including submitting the necessary documents, the child will be registered as a Malaysian citizen based on the conditions outlined in the Constitution (Amendment) Act 2024.
“The Malaysian citizenship status and documents granted to the children of the 2nd to 7th appellants remain permanent, provided they meet the relevant constitutional conditions,” said Family Frontiers.
The group highlighted that this ruling is particularly impactful for existing overseas-born children of Malaysian mothers who were not covered under the recent amendments to Sections 1(b) and 1(c) of Part II, Second Schedule of the Federal Constitution.
Their lawyer, Prof Datuk Dr Gurdial Singh Nijar, stated that the settlement corrects decades-long discrimination against Malaysian women.
Family Frontiers hailed the decision as a testament to the determination and advocacy of Malaysian mothers.
“Since the Suriani court case and the #PindaPerkara14UntukIbu campaign began, these mothers have tirelessly fought for the belief that no mother and child should be left behind. Their commitment has brought about this profound and transformative change,” the group stated.
They also welcomed the Home Minister’s policy reforms, which have accelerated the processing and approval of citizenship applications, bringing hope to many Malaysian families and advancing gender equality.
On 17 October, Malaysia passed a law granting citizenship to children born overseas to Malaysian mothers, a progressive step delayed for months due to activist and backbencher protests over other provisions in the bill.
The Constitution (Amendment) Bill 2024 was passed with a two-thirds majority in the Dewan Rakyat, allowing both mothers and fathers to pass on their Malaysian citizenship to their overseas-born children. However, the law did not apply retrospectively, leaving existing cases in legal uncertainty—until this landmark settlement.