The Joint Action Group for Gender Equality (JAG) refers to the letter JPN on the look-out for illegitimate Malay children . This letter highlights the problems that some parents face in registering the birth of their children.
JAG is alarmed to read of the level of moral policing which is taking place at the National Registration Department (NRD). Children should not be made to bear any stigma of illegitimacy as a result of the NRD refusing to register the child's father. This is all the more appalling when, in the particular case in question, the parents were married before the birth of the child.
Even in cases of illegitimacy, there is no legal impediment to the registration of the child's father's name. The law, as stated in Section 13 of the Malaysian Registration of Birth and Death Act 1957 (the Act), clearly provides for the father's particulars to be entered into the register of births if there is a joint application between the mother and the person claiming to be the father of the child. The father needs only to sign Section G of the JPN.LM01 form, together with the mother.
Legally and administratively, the question of wedlock is immaterial, and as an administrative government department, the NRD has no place to make what are essentially moral judgments.
It is also important to note that Section 13 of the Act is applicable to ALL Malaysians, Muslim and non-Muslim. If indeed the NRD circular was issued, it must be retracted immediately as any circulars, guidelines or directives must be consonant with and within the law. The register of births and the birth certificates of those children affected by this issue must be rectified immediately.
It must also be stated that it is in the public interest for the biological father's name to be entered in the child's birth certificate. As many health complications are genetic, this information has a significant public health benefit. This information may help avoid possible cases of incestuous relationships where the child may unknowingly marry his/her own sibling or very close blood relation.
In addition, for those children who may be born out of wedlock, the biological father must be recognised so that he can be made to pay child maintenance. In cases where the alleged father refuses to acknowledge responsibility, methods such as DNA testing can be done in order to confirm paternity.
JAG wishes to advise the authorities that it is the responsibility of the state to ensure that the interests and welfare of every newborn child is safeguarded. We affirm that the registration of both child's parents, regardless of whether the child was conceived or born out of wedlock, benefits the public good in a many significant ways. JAG urges the National Registration Department to review this matter urgently and take the appropriate action.
The writer acts on behalf Joint Action Group for Gender Equality (JAG) .
