Human Rights And Statelessness
I N P E N I N S U L AR M AL AYS I A
Federal Constitution (Ainaa Aiman and Larissa Lumandan, 2020). As for
Than Siew Beng’s adopted son, Alexander Than Keng Mun, the court found
that it was not possible to determine the teenager’s lineage as there was
no information in the birth certificate regarding his biological parents and
he had not proven he was not a citizen of any other country (Lim, 2017).
Another cause of statelessness amongst adopted children is adopted
parents not going through the formal adoption procedure due to the
lack of awareness and access to information towards formal adoption
processes. Student Wong Yoong Jau, an adopted child, whose adopted
parents mistakenly registered her as their biological child, has been
waiting for her citizenship application to be reviewed since 2015 (Wani
Muthiah, 2021). There is also the case of Monteiro, whose citizenship
application was rejected due to a lack of documentation on her adoption
as her parents did not go through the ‘proper’ adoption procedure (Nur
Khairah Alegria Suner, 2017). A Malaysian couple from Penang, who also
mistakenly registered their adopted child as their own, had to surrender
their child’s initial birth certificate. After obtaining an adoption order, their
child subsequently became stateless (Lim, 2021, November 19).
2.3.2 Scale of issue
Stateless adopted children are discriminated against due to their noncitizen status when it comes to accessing and remaining in public schools.
E. T., a stateless child adopted by Malaysian parents whose citizenship
application was still under review, was asked by the Johor Education
Department to show his student pass and passport in order to continue
schooling (“Some stateless children”, 2021). The Penang state government
identified nineteen stateless children unable to go to school because
their adopted families could not produce their passports as they had
no contact with the children’s birth mothers (“Some stateless children”,
2021). Darshana’s parents, who adopted her, said that when they went
to the nearby school they were told both by the school and immigration
authorities that due to her status as a non-citizen she must have a passport
before she could be accepted (Sarban Singh, 2018). Wong, who scored
well in the STPM exams, is worried that she would not be able to pursue
tertiary studies because of her unresolved citizenship status which is still
under review (Wani Muthiah, 2021).
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