The Court of Appeal in Malaysia has ruled that a child intentionally left with another adult by an unknown birth mother, who then disappears, is considered 'abandoned' and deserves constitutional protection against statelessness. This decision requires the National Registration Department to issue a birth certificate and MyKad for the child, recognizing her as a Malaysian citizen.
The Court of Appeal decided that a baby left with an adult should also get the same legal protection as a baby found by the roadside.
The ruling arose from the case of a girl, identified only as LS, who was abandoned by her birth mother at a care home within days of her birth. 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.
On Aug 3, a three-member Court of Appeal panel unanimously ruled that LS had in fact been abandoned as a newborn and is therefore a Malaysian citizen
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