Unfortunately, this process remains inaccessible as the NRD refuses to acknowledge the foundlings' circumstances and refuses to register the foundlings as citizens. The NRD's actions have resulted in many foundlings remaining stateless as they are not able to access legal remedies due to unaffordable and exorbitant legal fees. 18. Adopted children: The 1952 Adoption Act does not specifically provide for the transfer of citizenship from adoptive parents to adopted children. Adopted children whose biological parents cannot be traced or are unknown, such as foundlings and abandoned children, face challenges in obtaining Malaysian citizenship, putting them at a high risk of statelessness. NRD and the Home Ministry require adopted stateless children to provide documentation or details about their biological parents, which is unattainable for foundlings and abandoned children. 19. The determination of citizenship for adopted children is often arbitrary and based on the administrative decisions of the NRD. Adoptive parents are required to apply for citizenship through registration via the discretionary Article 15A of the Federal Constitution, which is a non-automatic, lengthy and inconsistent process filled with rejections, available only to those below the age of 21 and cannot be appealed in court. Furthermore, adoption procedures differ for Muslim20 and non-Muslim21 parents, with the former subject to more restrictive rules, such as the adopted child being unable to inherit the adoptive parent’s name. 20. Case laws have shown that the Courts often employ a narrow and technical approach to citizenship cases involving adopted stateless children, which does not prioritise their protection.22 21. Birth Registration: Obtaining a birth certificate is a crucial prerequisite for acquiring other identity documents and citizenship in Malaysia.23 Registration is not automatically granted at the time of birth. Instead, individuals are required to actively register their births with the National Registration Department of the Malaysian Government to obtain a birth certificate.24 Lack of birth registration contributes to the issue of statelessness. Without proper birth registration and the accompanying birth certificate, it can be challenging for children to establish their own identity and prove their parentage. Unfortunately, many parents are not sufficiently aware of the importance of obtaining a birth certificate, with some registering their children’s births only when they reach school-going age. Late registrations are significantly more arduous as they require a long list of documentation requirements.25 22. Latest Developments: As part of recent developments concerning childhood statelessness, the Malaysian Government announced its intention to remove Section 1(e) of Part II of the Second 20 Governed by the De Facto Adoption Act 253 Governed by the Court Adoption Act 257 22 Nungsari M and Fong N (SUHAKAM - The Human Rights Commission of Malaysia 2023) rep <https://suhakam.org.my/wpcontent/uploads/2023/03/SUHAKAM_Statelessness.pdf> accessed 29 June 2023 23 ‘ MyKad Application For 12-Year-Old Children’ (Portal JPN - Permohonan MyKad Bagi Kanak-Kanak 12 Tahun) <https://www.jpn.gov.my/my/perkhidmatan/kad-pengenalan/mykad-12> accessed 28 June 2023 24 Institute of Statelessness and Inclusion (ISI). "Joint Submission to the Human Rights Council at the 31st Session of the Universal Periodic Review, Malaysia, Third Cycle, Nov 2018.” 29 Mar. 2018. https://files.institutesi.org/UPR31_Malaysia.pdf. 25 ‘Late Registration of Birth’ (Mygov the government of Malaysia’s Official Portal) <https://www.malaysia.gov.my/portal/content/30258> accessed 28 June 2023 21 6