Petition updateGovernment must Uphold Equal Citizenship Right of Malaysian MothersTogether, We Made History – Our Deepest Appreciation to All Allies of Family Frontiers and the Malay
Melinda Anne SharliniMalaysia
17 Apr 2025

 

Family Frontiers is pleased to share a landmark moment in our journey for gender equality and equal citizenship rights—the settlement of the Suriani Kempe & Ors v Government of Malaysia case in the Federal Court on 10 March 2025.

Following the settlement, children under 18, born overseas to Malaysian mothers and non-Malaysian fathers before the Constitution (Amendment) 2024 takes effect, can apply for Malaysian citizenship under Article 15(2) of the Federal Constitution, subject to Article 26(1).

As said by Lawyer Datuk Dr Gurdial Singh Nijar, this settlement is a historic judgement to correct decades-long discrimination against Malaysian women. This outcome is a powerful testament to the perseverance and collective advocacy of Malaysian mothers. 

Key Details of the Consent Order:

  • Subject to Article 26(1) of the Federal Constitution and the application procedures under Article 15(2), including providing the necessary supporting documents, the child will be registered as a Malaysian citizen based on the conditions set out in the Constitution (Amendment) Act 2024. (D.R. 13/2024)
  •  The citizenship status and documents of the children of the 2nd to 7th Appellants will remain permanent, provided they meet the conditions of the Amendment Act.  

A Step Forward, But More Work Ahead

This settlement was subsequent to the unanimous passing of the constitutional amendment by both houses of Parliament to grant Malaysian women equal rights as Malaysian men in conferring automatic citizenship (citizenship by operation of law) to their overseas-born children. However, while this amendment was a victory, it was not retroactive, leaving many families in limbo.  

Alongside this progressive amendment, three regressive amendments were passed:  

  • The removal of automatic citizenship for children of Permanent Residents.
  • The lowering of the age limit for citizenship applications from 21 to 18.
  • The revocation of citizenship for non-citizen wives if their marriage is dissolved within two years of obtaining Malaysian citizenship.

While we celebrate this historic progress, we remain mindful of those still left behind—particularly adult children over 18, who are no longer eligible under Article 15(2).

Family Frontiers remains committed to working with the government to ensure that no adult child of a Malaysian mother is excluded, including those whose mothers are no longer with us. 

Next, we will continue to strengthen and expand our ongoing efforts to uphold the rights of non-citizen spouses and their Malaysian binational families!

Our Heartfelt Gratitude
Since the beginning of the Suriani Kempe court case and the #PindaPerkara14UntukIbu constitutional amendment campaign, you have stood with us—side by side with Malaysian mothers who fought with conviction to highlight their situation and their persistent advocacy. Their unwavering commitment has driven this profound and transformative change.

💛 Our legal counsel and team, especially Datuk Dr Gurdial Singh Nijar, for his dedication to this cause and their generous commitment to representing the case on a pro bono basis. 💛 The Malaysian mothers, whose resilience and strength have been the backbone of this movement. 
💛 Our supporters—local and international, including Malaysian youth, civil society organizations, SUHAKAM, UN agencies, and our steadfast partners, the Malaysian Citizenship Rights Alliance (MCRA) and the Joint Action Group for Gender Equality (JAG), Global Campaign for Equal Nationality Rights, Institute of Statelessness and Inclusion, and Nationality for All.

Your solidarity has been instrumental in achieving this milestone. We could not have done this without you.

With renewed energy, we move forward, committed to ensuring that no child of a Malaysian parent, adopted parent, or foundling is ever left behind.

"When women win, families thrive, and the country prospers."

Together, let’s continue building a Malaysia where every citizen—regardless of gender—is valued equally under the law.

✨ Thank you for walking with us on this journey! ✨


With gratitude, 
Family Frontiers and the Malaysian Mothers’ Network. 
 

 

 

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