paragraph” is a citizen by operation of law. This means that irrespective of the parents’ citizenship, all stateless individuals born in Malaysia, who have not obtained any citizenship within one year, are automatically considered citizens. b. Section 19(B) of Part III of the Second Schedule read with Section 1(a) of Part II of the Second Schedule grants automatic citizenship to foundlings and abandoned children. Section 1(a) of Part II of the Second Schedule reads “every person born within the Federation of whose parents one at least is at time of the birth either a citizen or permanently resident in the Federation” is a citizen by operation of law. Section 19(B) of Part III of the Second Schedule reads “For the purpose of Part I and II of this Schedule any new born child found exposed in any place shall be presumed, until the contrary is shown, to have been born there of a mother permanently resident there; and if he is treated by virtue of this section as so born, the date of the finding shall be taken to be the date of the birth.” c. Section 9(1) of the 1952 Adoption Act recognises adopted children as having the same legal standing as biological children. It states the following: “Upon an adoption order being made, all rights, duties, obligations and liabilities of the parent, guardian of the adopted child, in relation to the future custody, maintenance and education of the adopted child, including all rights to appoint a guardian or to consent or give notice of dissent to marriage shall be extinguished, and all such rights, duties, obligations and liabilities shall vest in and best exercisable by and enforceable against the adopter as though the adopted child was a child born to the adopter in lawful wedlock…” However, these safeguards have proven to be ineffective, due to the absence of administrative guidelines for implementation.17 16. Abandoned children and foundlings: Section 1(a) of Part II of the Second Schedule and Section 19(B) of Part III of the Second Schedule, when read together, grant abandoned children and foundlings born in Malaysia automatic citizenship. However, the latter is only applicable to a “newborn child”, although the age limit is not clearly defined in the provision.18 17. The landmark Federal Court case CCH & Anor v Pendaftar Besar Bagi Kelahiran dan Kematian, Malaysia [2022] 1 MLJ 71 established that abandoned children have the right to citizenship by operation of law, setting crucial guidelines for government bodies on handling future cases involving abandoned newborns.19 Following this case, the National Registration Department (NRD) should be issuing automatic citizenship to foundlings without the need for a court order. 17 Rodziana M Razali, ‘Addressing Statelessness in Malaysia: New Hope and Remaining Challenges’ (2017) Statelessness Working Paper Series No. 2017/9, 5 <https://files.institutesi.org/WP2017_09.pdf> accessed 27 June 2023. 18 Mohd A, ‘Abandoned Child’s Right to Identity Protection in Malaysia’ (2011) US-China Law Review 389 <http://irep.iium.edu. my/6684/> accessed 2 July 2023 19 Tan K, ‘Case Commentary: CCH and Anor V Pendaftar Besar Bagi Kelahiran Dan Kematian, Malaysia’ [2021] SSRN Electronic Journal 5