Get Help

Statelessness in Malaysia:
What You Need to Know

A stateless person is “a person who is not considered as a national by any state under the operation of its law”

Challenges Faced

Ineligible for free education in government schools.

Ineligible for free or subsidised healthcare.

Unable to open a bank account.

Not permitted to obtain a driving licence.

No right to vote in elections.

Restricted freedom of movement, including inability to travel abroad.

Vulnerable to social stigma and discrimination.

Standard Procedures

Disclaimer: These are only general examples provided for informational purposes. Every case is different — please seek advice from a qualified professional or the relevant authorities for proper guidance.

*If the child has a valid birth certificate with the Malaysian parent’s name(s) stated, they may proceed directly to Step 6.

The timings provided for each step are just for reference; the actual timings will vary on a case-to-case basis.

Must Know Facts

Apply for citizenship before the age of 18

  • Borong B can only be filled in before age of 18 (as of 2024)
  • Procedure gets complicated if applicant is above the age of 18  (required to write a 300 words essay in malay, 20 MCQs and pass a malay interview with JPN) 
  • Procedures for applicants above the age of 18 have not been confirmed and are subject to new policy implementations by JPN/KDN.

Section 12 of the Births and Deaths Registration Act 1957 requires that every birth in Malaysia be registered within 14 days (and up to 1 year with a late registration fee).

Will I be able to access education as a stateless person?

  • Yes, stateless children may attend school up to the secondary level, but they are not eligible for free education.
Adoption according to《Adoption Act 1952》

1. Why is adoption required to apply for citizenship

  • Citizenship applications for children under the age of 18 can only be submitted by a legal guardian who is a Malaysian citizen. Therefore, if the child has not been legally adopted, there will be no recognized parent-child relationship under the law.


2. Who can apply for adoption through a lawyer in court?

  • The biological father or mother; or
  • An applicant who is at least 25 years old and at least 21 years older than the child (unless special circumstances can be proven as an exception); or
  • If the applicant is related to the child, the application may be made once the applicant is 21 years old or above.


3. Residence requirement:

  • The applicant must ordinarily reside in Peninsular Malaysia, and the child must also ordinarily reside in Peninsular Malaysia.

4. Special circumstances:

  • Male applicants adopting female children are generally restricted, unless the court is satisfied that there are special circumstances.

5. Child’s age:

  • Only children under the age of 21 can be adopted.
What is birth registration and why does it matter?

Birth registration is the government’s official record of a child’s birth, giving them legal identity and access to essential rights like healthcare, education, and protection. Without it, children remain invisible in the eyes of the law. Globally, 1 in 4 children under 5 (≈166 million) are unregistered, often due to poverty, remoteness, lack of awareness, or discrimination. UNICEF calls for stronger systems, no fees, better awareness, and integration with health and social services to ensure every child is registered.

Citizenship by operation of law depends on the parents’ marital status

If the mother is a foreign national and the parents are not married at the time of the child’s birth, the child will not be entitled to Malaysian citizenship by operation of law and will instead automatically acquire the mother’s nationality(article 14).

Common Misconceptions

Birth Certificate ≠ Citizenship

A birth certificate only proves that a birth was registered in Malaysia; it does not prove that the child is a Malaysian citizen.

Adoption ≠ automatic citizenship

Children adopted by Malaysian citizens do not automatically become Malaysian

“Stateless people can’t get married or own property.”

They can legally marry or own property only if they meet documentation rules, but many are excluded because registration requires citizenship or valid ID. Some marriages are valid under religious law but unrecognized civilly.

Education

you can attend public (government or government‐aided) schools if at least one parent is a Malaysian citizen, and if they obtain a letter/certificate confirming that fact from a village chief or equivalent.

Common Scenarios

Children born out of wedlock

where parents are not legally married prior to the child’s birth.

Abandoned children

where the parents’ identities are unknown.

Illegally adopted children:

Example: At age 12, when applying for a MyKad with a birth certificate, National Registration Department (NRD) officers may discover irregularities in birth records or adoption documents. The child’s citizenship might be revoked and a new birth certificate will be issued with the child’s nationality named as ‘belum ditentukan’/ ‘not identified’.

Illegitimate Legal Document Awareness

Illgitamate legal documents awareness- very common case

Common Examples

  • Irregular birth certificates (e.g. adoptive parents registered as biological parents).
  • Unregistered or forged adoption papers.
  • Fake citizenship/nationality documents purchased illegally.
  • Incomplete or altered hospital records for birth.

How These Get Detected

  • When applying for MyKad at age 12.
  • Blacklisted hospital names
  • During passport applications
  • During medical, legal, or inheritance matters

Risks and Consequences

  • A child’s citizenship may be revoked if the authorities discover any irregularities in the documents.
  • Legal action against parents/guardians for falsifying records.
  • Difficulty accessing education, healthcare, and jobs.
  • No basic protections and rights

Why It Happens

  • Parents adopting a child informally without going through the court or NRD.
  • Fear of bureaucracy or rejection, leading families to take shortcuts.
  • Without proper legal advice and due to a lack of awareness of the law, some parents may mistakenly believe that the process is complete once they receive a birth certificate listing them as the child’s parents. However, this can lead to serious issues if a JPN officer later discovers irregularities during the identity card application.

Common Examples

  • Irregular birth certificates (e.g. adoptive parents registered as biological parents).
  • Unregistered or forged adoption papers.
  • Fake citizenship/nationality documents purchased illegally.
  • Incomplete or altered hospital records for birth.

How These Get Detected

  • When applying for MyKad at age 12.
  • Blacklisted hospital names
  • During passport applications
  • During medical, legal, or inheritance matters

Risks and Consequences

  • A child’s citizenship may be revoked if the authorities discover any irregularities in the documents. 
  • Legal action against parents/guardians for falsifying records.
  • Difficulty accessing education, healthcare, and jobs.
  • No basic protections and rights 

Why It Happens

  • Parents adopting a child informally without going through the court or NRD.
  • Fear of bureaucracy or rejection, leading families to take shortcuts.
  • Without proper legal advice and due to a lack of awareness of the law, some parents may mistakenly believe that the process is complete once they receive a birth certificate listing them as the child’s parents. However, this can lead to serious issues if a JPN officer later discovers irregularities during the identity card application.

This highlights the importance of ensuring that all adoptions and registrations go through proper legal and official channels.

Choose Your Preferred Languages

选择您的首选语言

🇬🇧 English
🇨🇳 Mandarin