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CHILDREN born overseas to Malaysian mothers married to foreign nationals will be granted Malaysian citizenship by operation of law starting mid-2026, marking a historic shift in the country’s nationality legislation.
Home Minister Datuk Seri Saifuddin Nasution Ismail said the constitutional amendment, which was recently passed by Parliament, is expected to come into force by June or July next year, pending royal assent from the Yang di-Pertuan Agong, Sultan Ibrahim.
“When will this come into effect? Not yet — it will begin next year, likely in June or July, once His Majesty the King grants assent,” he said during the Ministry of Home Affairs’ 2026 Budget Dialogue Session today.
Saifuddin added that while the legislative amendment to Article 14(1) of the Federal Constitution has been finalised, its implementation involves significant administrative preparations.
“We are currently making the necessary arrangements. The amendment in Parliament is done, but implementation begins next year, as it involves procurement, changes to official forms and so on — this is under the National Registration Department,” he explained.
Crucially, the change means Malaysian mothers will no longer need to apply for citizenship for their children born abroad through the discretionary registration process — an approach previously only available to Malaysian fathers.
“In the past, to obtain citizenship, one had to apply. Was the child a citizen? Yes — if it followed the father. But we have amended the law. Now, citizenship follows the mother,” he said.
Following the amendment, children born abroad to Malaysian mothers and foreign fathers will automatically be recognised as Malaysian citizens — bringing long-awaited parity between maternal and paternal transmission of nationality.
Additionally, children holding dual nationality due to birth abroad will be required to make a choice at the age of 18, in line with Malaysia’s policy prohibiting dual citizenship.
“The Constitution states that we do not allow dual nationality. So, we set the age of 18 for them to decide — whether to retain their mother’s nationality or their father’s,” Saifuddin clarified.
The amendment is widely seen as a significant victory for equal citizenship rights and the result of years of advocacy by civil society and affected families.
The dialogue session, attended by over 200 stakeholders including government agencies, private sector representatives, NGOs and civil society groups, was part of efforts to develop Budget 2026 in a holistic and inclusive manner.
Discussions centred around four core challenges: public safety and order, registration and immigration management, prevention and rehabilitation, and administrative reform. - August 21, 2025