High Court Rejects Citizenship Bid for Thai-Born Youth Despite Positive DNA Test

The Kota Bharu High Court has rejected an application to recognise a Thai-born youth as a Malaysian citizen, even though a DNA test confirmed he is the biological son of a Malaysian man.

Judicial Commissioner Tengku Amir Zaki Tengku Abdul Rahman, as quoted by FMT, said no documents were produced to show the youth’s parents were legally married when he was born.

DNA Confirms Paternity, but Court Says Parents’ Marriage Not Proven

The youth was born in Golok, Thailand, in June 2006 and has lived in Malaysia since he was about three months old. He has no birth certificate and has never held any nationality. His father argued that the lack of marriage and birth registration documents should not outweigh the Chemistry Department’s DNA results from January.

The judge said citizenship by operation of law requires the conditions to be met at the time of birth.

For the purpose of the claim, the court treated the youth as born outside a lawful marriage. Under Section 17 of Part III of the Federal Constitution’s Second Schedule, the court looked to the citizenship of his mother, a Thai national, to decide whether he qualified.

The court ordered the father and son to pay RM4,000 in costs to the government.