Court declares Seremban-born girl a Malaysian, rules anti-statelessness protection applies to her

KUALA LUMPUR — If a baby is left with an adult by an unknown birth mother who then disappears permanently from the child’s life, will the child receive the same constitutional protection against statelessness as a baby found by the roadside or at a baby hatch?

The Court of Appeal has ruled that the answer is “yes”, holding that such a child has been “abandoned” as a newborn.

The decision is significant because it means the child can rely on the Federal Constitution’s safeguards against statelessness and satisfy the legal requirements to automatically acquire Malaysian citizenship.

The ruling arose from the case of a girl, identified only as LS to protect her identity, who was born in Seremban, Negeri Sembilan, and abandoned by her birth mother at a care home within days of her birth.

LS, who turns 14 later this year, does not know the identity of her biological mother.

Her adoptive parents, who legally adopted her through the courts, have cared for her since she was two weeks old after taking her from the care home. They also do not know who her birth mother is.

The National Registration Department (NRD) issued LS a birth certificate identifying her as “Bukan Warganegara” (“Non-citizen”), prompting her adoptive parents to challenge the decision in court on the grounds that she is stateless but should be recognised as a Malaysian citizen.

A stateless person is someone who is not recognised as a citizen by any country.

On Nov 28, 2025, the High Court in Kuala Lumpur dismissed LS’s citizenship case, finding she had not been “abandoned” because there was evidence suggesting her biological mother had intentionally entrusted her to the woman operating the care home.

However, the Court of Appeal has now overturned that decision and ordered that LS be issued a MyKad.