Can a baby be born legally in a country if the mother is pregnant while on a temporary work/student visa and her permit runs out before giving birth?

76 Views  ⚫  Asked 3 Months Ago
asked on Feb 14, 2023 at 21:49
edited on Feb 14, 2023 at 21:51
by   jeff005

It all depends on the age of the fetus (embryo)

Legally born does not mean citizenship by birthright.

This topic is very subjective as immigration laws differs from country to country.

For Malaysia :
Temporary work/student permit are not allowed to marry or get pregnant.

The permit (if any) self terminates upon any infringements and the defaulter will be given, usually 1 month, to leave Malaysia.

Pregnancy :
If the fetus is more than 6 months old, most commercial airlines would not carry the pregnant lady (Aviation Laws)

The authorities /immigration would then allow the permit holder to remain inside Malaysia until the child is born.

Take note that she must apply for extension of stay (a Special Pass) from immigration due to advanced stage of pregnancy, if and when the permit expires.

Upon birth, the Government Maternity Clinic / Hospital would issue a birth memo certifying the birth of the child. This is not a birth certificate and is only legal inside Malaysia for a specific period. This birth memo has to be submitted to the country Embassy of the mother to obtain one emergency travel certificate for the newborn to be self repatriated to mother’s country (together with the mother).

Malaysia do not accord citizenship by birthrights.

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