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Child surname is different from father

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asked on Jul 28, 2019 at 10:04
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edited on Sep 29, 2019 at 23:56
 
Law: Birth and deaths registration act, 1957 section 13

Background:
I'm married and my surname is a wrong surname registered wrongly since my great great grandfather time. Now, I have a newborn son and I want to correct this mistake by registering the right surname. 

If I register his surname different from mine, will the Jabatan Pendaftaran Negara (JPN) register him as illegitimate?

Most important is whether I can do it without any consequences and future issues?

I've searched this forum and online. I didn't get any answer to my query.
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10 Answers

answered on Jul 28, 2019 at 12:55
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edited Oct 4, 2019 at 16:26
 
@LeroyPJ

If I register his surname different from mine, will the Jabatan Pendaftaran Negara (JPN) register him as illegitimate?

1.  Section 13 is meant for a child born to a Foreign Parent. Is your spouse non-Malaysian? The citizenship of a newborn in Malaysia depends on the nationality of both the PARENTS. Born to foreign parent, the newborn assumes the nationalities of both parents but for Malaysia, a JPN section 13 child has to apply for a Malaysian citizenship down the road (not automatic). Please do not interpret JPN laws and policies incorrectly.

2.  There is no Prerequisite that the name of a child be under any parent's surname or follow any dynasty name. As a Chinese I can put my child's name as Tanavaroot Rung Lytal. "Lytal" is a family name. That is why in most Immigration "entry" forms, the listing there is either Surname/Family name.

3.  It is your own prerogative to start your very own "Dynasty" family /surname. That is if your spouse has no objections to it. Once register with JPN, for any changes, it can only be done before the child is 1 year old and the most, one word in the child's name can be changed.

(Caveat : The above comment is written by a Q&A registered User. It represents a personal point of view only and not be regarded as legal advice.)
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answered on Aug 1, 2019 at 00:21
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edited Oct 4, 2019 at 16:27
 
Thank you @Jeff005 for your answer.

Yes, your guess is correct. My wife is a Japanese. I plan to give my child a Chinese pinyin surname, different from my current surname. My worry is my child will have issues with immigration especially my wife plans to register him as a Japanese citizenship too. Please let me know my worry is unfounded. 

Also, you mentioned about the citizenship is not automatic. This triggered me to read Article 15(2) Of The Federal Constitution. May I ask when I register my son's birth certificate, ain't I registering his citizenship? I hope you can provide more insights to this topic. Truly appreciate for your advice.
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answered on Aug 1, 2019 at 10:43
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edited Oct 4, 2019 at 16:31
 
@LeroyPJ

May I ask when I register my son's birth certificate, ain't I registering his citizenship?
The birth certificate is a registration under JPN Section 13. Citizenship is a application under the Home Ministry, for having a non-citizen parent.

Article 15
2. The original Article as it stood on Merdeka Day read as follows: 
“15. (1) Subject to Article 18, any woman who is married to a citizen is entitled, upon making application to the registration authority, to be registered as a citizen.

 (2) Subject to Article 18, any person under the age of twenty-one years whose father is a citizen or, if deceased, was a citizen at the time of his death, is entitled, upon application made to the registration authority by his parent or guardian, to be registered as a citizen if that authority is satisfied that he is ordinarily resident in the Federation and is of good character. 

(3) The reference in this Article to a woman who is married is a reference to a woman whose marriage has been registered in accordance with any written law in force in the Federation, including any such law in force before Merdeka Day.

Please do not be offended by my comments.
@jeff005 is a Permohonan Seksyen 13 child..!! I have my fair share of all those mistreatment(s) levied against "us" (even worse ones) @teenage.
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answered on Aug 1, 2019 at 11:18
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edited Oct 4, 2019 at 16:33
 
@LeroyPJ,

Read here for the legal (Malaysian) definitions of NATIONALITY and CITIZENSHIP. However, it is slightly different for Thai & Singapore for citizenship but internationally, the citizenship of a child follows the mother (can be faked marriages).

https://www.lawyerment.com/answers/questions/13257/citizenship-and-nationality-what-are-stateless-and-registration-under-section
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answered on Aug 1, 2019 at 14:59
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edited Oct 4, 2019 at 16:35
 
           TYPES OF BIRTH CERTIFICATES 







THE ABOVE ARE SAMPLES only..!!
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answered on Aug 2, 2019 at 09:05
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edited Oct 4, 2019 at 16:37
 
Thank you so much for the info. I've learnt so much from your sharing.

So the main takeaways:
1. I can give my child a different surname without worry any issues.
2. I can register the child as Warganegara because the father is a Malaysian and we legally married in Malaysia before the child is born.
3. Before the child reaches 21 years old, he must register with the Home Ministry for Malaysian nationality. 

Let me know if I've missed out any important points. 
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answered on Aug 3, 2019 at 12:20
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edited Oct 4, 2019 at 16:41
 
@LeroyPJ,

if I’ve missed out any important points



Just follow the above (personal views), everything can be smooth.

(Caveat : The above article is written by a Q&A registered user. It represents a personal point of view only and not be regarded as legal advice.)
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answered on Aug 3, 2019 at 12:44
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edited Oct 4, 2019 at 16:47
 
@LeroyPJ



The above MyPR belongs to a Great Grandmother aged 81, who was born inside Malaysia with a Malaysian birth certificate, never been to another country, but some procedures above was not followed in the first instance, leaving her application for citizenship application to Kementerian Dalam Negeri (KDN) still hanging in the "air".

Note the "Negara Asal - Malaysia". She is deemed a Malaysian National but without citizenship status.

My info is limited to Thailand and Singapore whose citizenship can be obtained via  citizenship by descent (auto) - (a parent who is a citizen of Singapore or Thailand) but still have to apply la..

Personally I sense that you are still not clear of the two legal terms, Malaysian Nationality & Malaysian Citizen. While Malaysia has not made wishful amendments to the Malaysian Constitutional Laws, Singapore and Thailand, have done it to their Constitutional Laws to protect their citizens and their offspring.
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answered on Aug 3, 2019 at 13:47
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edited Oct 4, 2019 at 16:52
 
@LeroyPJ,

3. Before the child reaches 21 years old, he must register with the Home Ministry for Malaysian nationality.

Born in Malaysia
Your child is already of Malaysian Nationality the moment he/she is registered with a birth certificate at Jabatan Pendaftaran Negara (JPN). Why bring Kementerian Dalam Negeri (KDN) in? Application for citizenship is thru KDN.

Born overseas, say in Japan..

Excerpts from http://www.kln.gov.my

6. REGISTRATION OF CHILD BIRTH.  A child born outside Malaysia can obtain a Malaysian nationality if his/her father is a citizen of Malaysia and Report of Birth is submitted to the Embassy of Malaysia and be accepted within 1 year of birth (before the child becomes age 1). Please bring your child with you when coming to the Embassy for birth registration. (Please report to the Japanese authority prior to reporting to the Embassy of Malaysia.)
Do note the clear definition of nationality and citizen at the above excerpts.
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answered on Aug 4, 2019 at 00:08
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edited Oct 4, 2019 at 16:53
 
Thank you @Jeff005. 

I take the guidance by heart and will follow accordingly.

Is a tough choice to make when my children one day have to choose between Malaysia and Japan. Perhaps I might be in Singapore before they turn 21.

You predicted correctly about getting approval from my spouse for the surname change. She disagrees. So will not consider the change. I guess she worries different surname of the child from the parents will give unnecessary troubles to his life in future. Though I disagree but I will drop the intention altogether.
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