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How to ensure baby gets Malaysian Citizenship not PR

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asked on Feb 10, 2010 at 03:39
by   Jane
edited on Jan 1, 2018 at 04:00
 
I have a boyfriend who is a foreigner. We are planning to get married, and I am worry about future potential problems for our baby:

1) If I get married to a foreigner and the baby is born in Malaysia, how to register the the baby and get a Birth Certificate in order to ensure the baby is considered Malaysia citizen not permanent resident (PR) so that he/she will not have problem getting a Malaysian identity card later? Put both my name and the baby's father's name better? Or just put my name only better?

2) Is it a must that Birth Certificate put both mother's and father's names if I am married?

3) Is it so if I am single (not married), then it is not necessary to put father's name and the baby still can get Malaysian citizenship and not permanent resident (PR)?

Thanks.
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answered on Feb 23, 2010 at 19:54
by   SFKL
edited Aug 22, 2016 at 08:38
 
1) If I get married to a foreigner and the baby is born in Malaysia, how to register the the baby and get a Birth Certificate in order to ensure the baby is considered Malaysia citizen not permanent resident (PR) so that he/she will not have problem getting a Malaysian identity card later? Put both my name and the baby's father's name better? Or just put my name only better?

Registering the usual way. If you're married to this foreigner and child born in Malaysia, produce the marriage certificate and you will have a birth cert with the child having Malaysian citizenship. It's either Citizenship or No Citizenship. I am afraid permanent resident (PR) is not even issued at all in this situation. And if married father's name must be added.

2) Is it a must that Birth Certificate put both mother's and father's names if I am married?

I think yes.

3) Is it so if I am single (not married), then it is not necessary to put father's name and the baby still can get Malaysian citizenship and not permanent resident (PR)?

If not married, your child can even follow your surname and so I believe not necessary to put the father's name. But your child is illegitimate child. As for citizenship, I am afraid it depends. I have come across women who did not put the father's name in and the child is still Malaysian. And that was in Sarawak. In KL, I sincerely do not know the answer. Ideally your child should be Malaysian since you're a Malaysian. From what I can observe, when a parent is a foreigner and one is not ...and it doesn't matter if the father is local or not ...

Father marries mother = child born in Malaysia AFTER MARRIAGE - child gets citizenship
Father marries mother = child born out of Malaysia AFTER MARRIAGE - register birth at Malaysian embassy = child gets citizenship
Father does not marry mother = born in or out of Malaysia - child is stateless "Bukan warganegara"
Father marries mother but child is born BEFORE MARRIAGE BUT BIRTH REGISTERED BEFORE MARRIAGE = I am not sure. But I have a strong feeling unless you make a whole lot of noise, your child would be stateless.

In cases of "bukan warganegara", your child is not even PR. He has no country! You will need to apply for citizenship for your child but that depends on the constitution.

So if you want your child to be Malaysian, register marriage before your child is born. And cynically if the marriage doesn't work out, you can always divorce your husband but at least your child has IC.

The policy may have changed now but until very recent this is still the way things are. You can fight the case in court but most wouldn't even consider that.

My advice is give a discreet call to Jabatan Pendaftaran Negara (JPN) registering birth department and just ask hypothetically. See what they say.

Do keep me posted on the outcome.
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answered on Mar 27, 2010 at 22:12
by   turboduck
edited Aug 22, 2016 at 08:40
 
To my understanding, while a child is being born by a Malaysian mother, the child automatically gains citizenship and has every right to a birth certificate. Should the parents are not married, no information is entered. This is applicable even though the mother is a Muslim. Correct me if I am wrong.

I meant the fathers particulars are not entered... as both of you are not Muslim, you might be able to put fathers name later when you have a marriage certificate in hand.
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answered on Feb 23, 2011 at 05:04
by   Joe Chan
edited Aug 22, 2016 at 08:41
 
I'd like to ask, I'm Malaysian, now have a daughter in foreign country. We do not have Malaysian marriage certificate but do have foreign marriage certificate less than 6 months ago. How should we do to get my daughter a Malaysian citizenship? Please help. Thanks!
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answered on Jun 5, 2012 at 08:07
by   Sandra
edited Aug 22, 2016 at 08:43
 
Can anyone advise me...

I'm pregnant and will be having a child here in Malaysia. The father is Malaysian but he is married. I'm a foreigner here. If I give birth here, what should we do? Register the child using the father's name?

Should I go back to my country with the child and get a citizenship? I really don't have any idea. What to do can somebody help me? I'm worried and bothered. Thanks.
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answered on Jun 5, 2012 at 20:08
by   Jeffry
edited Aug 22, 2016 at 08:49
 
@Joe Chan

Since your child was born in a foreign country, to get a Malaysian citizenship for your child, the most important point if to know whether your marriage registration date was before or after your child was born.
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answered on Jan 29, 2015 at 04:41
by   jazz
edited Aug 22, 2016 at 08:51
 
Me and my husband got married outside of Malaysia. I am a foreigner and he is a local. I give birth in Malaysia but our marriage is not registered in Malaysia. I want to ask if my baby can get the Malaysian citizenship.
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answered on Aug 10, 2016 at 07:47
by   Robert
edited Aug 22, 2016 at 08:54
 
I am a Chinese from Indonesia and my wife is from Malaysia but we live permanently in Malaysia. However, I have a question regarding on our baby in the future. Since my name in passport is in Indonesia style eg. Robert Rusli. My Chinese name is Lee but it is not in my passport. If our future baby born in Malaysia, can we name him/her straight to (nickname LIE middle last) WITHOUT "rusli"? Or follow the mother's name? Is it possible? Kindly advice, thanks! 
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answered on Aug 10, 2016 at 14:38
by   jeff005
edited Dec 31, 2017 at 08:45
 
Hi LEE

I may not be able to give you an accurate answer, maybe others can.

Questions:
1. Are the two of you legally married? In Indonesia or in Malaysia?
2. "live permanently".. you have permanent resident (PR) status?

Views:
3. You can name your child "LEE" as surname, provided your wife is non-Muslim. No issues.
4. In Malaysia, you can start a new generation of "Lee" here. Maybe "Li" same as in China.
5. Your name, wife name will remain as it is (in child's birth certificate), according to their identifications.
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answered on Sep 20, 2016 at 23:33
by   Robert
edited Dec 31, 2017 at 08:46
 
Dear Jeff,

Yes, we are legally married and registered our marriage in Malaysia. We are both Chinese, and I do not plan to stay in Indonesia anymore. I do not holds a Malaysia PR but a spouse visa. I plan to start our family life here in Malaysia. Thank you so much for your explanation Jeff, I really appreciate that! 

Thanks a lot!
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answered on Sep 21, 2016 at 16:17
by   sidhu
edited Jan 1, 2018 at 03:53
 
I am a foreigner and my wife is resident pass holder in Malaysia. She is living in Malaysia for last 11 years. We got married in Malaysia and I have got marriage certificate from Jabatan Agama Islam Wilayah Persekutuan (JAWI).

My question is my wife is pregnant and when my wife give birth in Malaysia will the baby get Malaysian citizenship? I am here on working visa.
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