Malaysia Passes Law Allowing Mothers to Pass Citizenship to Children Born Overseas

Malaysia’s Parliament has approved a landmark constitutional amendment granting Malaysian mothers the right to pass citizenship to children born overseas, a move hailed as a step toward gender equality in citizenship laws.

The Constitution (Amendment) Bill 2024 was passed with overwhelming support, securing 206 votes in the 222-member Lower House. The amendment allows both Malaysian fathers and mothers to confer citizenship on their children born abroad, a right previously limited to fathers.

“This amendment offers long-overdue justice to the children of Malaysian mothers who marry non-citizens,” said Democratic Action Party (DAP) lawmaker Syahredzan Johan during the parliamentary debate.

However, the Bill faced criticism for other provisions. It initially sparked backlash when introduced in March 2024, with objections over clauses revoking automatic citizenship for abandoned and stateless children. These concerns were addressed, granting foundlings automatic citizenship and ensuring that foreign spouses who divorce within two years of gaining citizenship will not lose their status.

Despite these improvements, controversy remains over the revocation of automatic citizenship for children of permanent residents (PR) born in Malaysia. While these children will be granted PR status, they must apply for citizenship through registration or naturalization.

Opposition figures, including Parti Keadilan Rakyat’s Hassan Karim and Perikatan Nasional’s Muhyiddin Yassin, urged the government to reconsider this policy. They argued that children born to PR parents with deep roots in Malaysia deserve citizenship by law.

Home Minister Saifuddin Nasution Ismail assured Parliament that such children would be prioritized in the naturalization process, with 10,000 pending applications to be addressed within six months. Nonetheless, human rights groups, including Lawyers for Liberty, criticized the removal of automatic citizenship as regressive.