The High Court in Kota Bharu has dismissed a stateless man’s bid to be recognised as a Malaysian citizen through his Malaysian father, ruling that DNA proof of the relationship is not enough on its own to establish citizenship.
The man was born in Golok, Thailand, in June 2006 to a Malaysian father and a Thai mother. He has lived in Malaysia since he was about three months old, but he has no birth certificate and has never held the citizenship of any country.
In the application brought by the father and son, the father relied on a DNA report issued by the Chemistry Department in January 2026 confirming that he is the man’s biological father. He argued that missing marriage and birth registration documents should not outweigh scientific proof of the relationship.
Judicial Commissioner Tengku Amir Zaki Tengku Abdul Rahman said citizenship must be decided based on a person’s status at birth. He noted that the parents could not produce documents showing they were lawfully married when the child was born and, citing several Federal Court decisions, said citizenship by operation of law requires the necessary conditions to be met at the time of birth.
The court held that Section 17 of Part III of the Second Schedule of the Federal Constitution applied, so the man is treated as having been born out of wedlock. Under that provision, references to the father of such a child are read as references to the mother, which means his citizenship status follows that of his Thai mother rather than his Malaysian father.
The application was dismissed, and the father and son were ordered to pay RM4,000 in costs to the government.
This article is general information, not legal advice. For advice on your own situation, speak to a lawyer.