Particulars of births to be registered
(1) Subject to the provisions of this Part, the birth of every child born in Malaysia shall be registered by the Registrar in any registration area by entering in a register such particulars concerning the birth as may be prescribed; and different registers shall be used and different particulars may be prescribed for livebirths and stillbirths respectively:
Provided that, where a living child is found exposed and no information as to the place of birth is available, the birth shall be registered by the Registrar for the registration area in which the child is found.
(2) The following persons shall be qualified to give information concerning a birth, that is to say—
(a) the father of the child;
(b) the mother of the child;
(c) the occupier of the house in which the child was to the knowledge of that occupier born;
(d) any person present at the birth; and
(e) any person having charge of the child.
(3) (Deleted by Act A1524).
Information concerning birth to be given to Registrar within sixty days
It shall be the duty of every qualified informant to give to the Registrar, before the expiration of a period of sixty days from the date of the birth, the prescribed information concerning the birth and in the presence of the Registrar to sign the register:
Provided that the giving of information and the signing of the register by any one qualified informant shall act as a discharge of any duty under this section of every other qualified informant.
Information concerning finding of new-born child to be given to Registrar within fourteen days
Where any living new-born child is found exposed, it shall be the duty of the person finding the child, and of any person in whose charge the child may be placed, to give to the best of his knowledge and belief to the Registrar, before the expiration of fourteen days from the date on which the child was found, such information of the particulars required to be registered concerning the birth of the child as the informant possesses, and in the presence of the Registrar to sign the register:
Provided that the giving of information and the signing of the register by any one of the said persons shall act as a discharge of any duty under this section of any other of them.
Special provision as to registration of stillbirth
Any qualified informant giving information to the Registrar of the particulars required to be registered concerning a stillbirth shall upon giving that information either—
(a) deliver to the Registrar a written certificate signed by a registered medical practitioner or a registered midwife who was in attendance at the birth or who has examined the body of the child that the child was not born alive; or
(b) make a declaration in the prescribed form to the effect that no registered medical practitioner or registered midwife was present at the birth or has examined the body and that a certificate of a registered medical practitioner or a registered midwife cannot be obtained and that the child was not born alive.
Special provision as to registration of birth
Notwithstanding the provisions of this Part, the Registrar- General may, if he is satisfied from evidence adduced before him that a birth had occurred, cause such birth to be registered by entering in a register such particulars concerning the birth.
(Deleted by Act A1524).
Authority of Registrar-General required for late registration
(1) Where, after the expiration of sixty days from the date of the birth of any child or fourteen days from the date when any living newborn child is found exposed, the birth of the child has not been registered, the birth shall not be registered except with the written authority of the Registrar-General and in such manner and subject to such fees and conditions as may be prescribed for late registration, and the fact that the authority of the Registrar-General has been obtained shall be entered in the register.
(1A) The Registrar-General may waive, in whole or in part, the fees prescribed for late registration referred to in subsection (1) subject to such criteria and conditions as the Minister may determine.
(2) This section shall not apply in the case of a stillbirth.
Provisions as to father of illegitimate child
Notwithstanding anything in the foregoing provisions of this Act, in the case of an illegitimate child, no person shall as father of the child be required to give information concerning the birth of the child, and the Registrar shall not enter in the register the name of any person as father of the child except at the joint request of the mother and the person acknowledging himself to be the father of the child, and that person shall in that case sign the register together with the mother.
Surname of child
The surname, if any, to be entered in respect of a legitimate child shall ordinarily be the surname, if any, of the father.
(2) The surname, if any, to be entered in respect of an illegitimate child may where the mother is the informant and volunteers the information, be the surname of the mother; provided that where the person acknowledging himself to be the father of the child in accordance with section 13 requests so, the surname may be the surname of that person.
Certificate of birth
At the time of registering the birth of any child, the Registrar shall give to the informant a Certificate of Birth in the prescribed form and certified as required by subsection 32(2).
Registration of name of child or of alteration of name
(2) Where before the expiration of one year from the date of the birth of any child the name by which it is registered is altered or where a child has been registered without a name, a name is given to such child before twelve months have elapsed since the date of birth, the Superintendent-Registrar having the custody of the register in which the birth was registered upon delivery to him of a certificate in the prescribed form specifying the name as altered or as given signed by the father or the mother or the guardian or the person for the time being having custody of the child and upon payment to him by the person procuring the name mentioned in the certificate to be entered of such fee as may be prescribed, shall enter forthwith in the register without any erasure of the original entry the name mentioned in the certificate as having been given to the child; and such Superintendent-Registrar shall after stating upon the certificate the fact that the entry has been made, send forthwith the certificate to the Registrar-General who shall then cause a corresponding entry to be made in his register.
(2) Where a child has been registered without a name, a name may be registered—
(a) in the case of a child who has attained the age of one year but not twenty-one years, by delivery to the Registrar- General of a certificate in the prescribed form specifying the name as given signed by the father or the mother or the guardian or the person for the time being having custody of the child; or
(b) in the case of a person who has attained the age of twentyone years, by delivery to the Registrar-General of a certificate in the prescribed form giving the name by which he desires to be registered,
and by paying to the Registrar-General such fee as may be prescribed.
(3) The Registrar-General shall on receipt of the certificate direct the Superintendent-Registrar having the custody of the register in which the birth was registered to enter forthwith in the register without any erasure of the original entry the name mentioned in the certificate
as having been given and such Superintendent- Registrar shall act accordingly and the Registrar-General shall at the same time cause a corresponding entry to be made in his register:
Provided that before giving a direction under this subsection, the Registrar-General shall require the person delivering the certificate to produce evidence which appears to the Registrar-General satisfactory that such person is a person who was registered without a name.
(4) Where any person procures the alteration of a name or the entry of a name in the register pursuant to the provisions of subsection (1) or (2) and the name as altered or as given is shown in the appropriate certificate delivered as in the said subsections mentioned in Chinese characters as well as in Roman characters, the Registrar- General may permit such person to insert in the register in such manner as may be prescribed the name as altered or as given in Chinese characters.
(5) The provisions of this section shall not apply with respect to a stillborn child or to a child which has died prior to the delivery of any certificate in this section mentioned.
Registration of objectionable or undesirable names
Where it appears to the Registrar that the name of a child sought to be entered in a register of births is objectionable or undesirable he shall refer the matter to the Registrar-General and the Registrar- General may cause such name to be registered or not to be registered as he shall deem fit.
Re-registration of births of legitimated persons
(1) Where, in the case of any person whose birth has been registered in Malaysia, evidence is produced to the Registrar- General which appears to him to be satisfactory that such person has become a legitimated person within the meaning of the Legitimacy Act 1961 [Act 60] the Registrar-General may authorize at any time the re-registration of that person’s birth, and the
re-registration shall be effected in such manner and at such place as may be prescribed:
Provided that, except where—
(a) the name of a person acknowledging himself to be the father of the legitimated person has been entered in the register in pursuance of section 13 of this Act; or
(b) the paternity of the legitimated person has been established by a maintenance order made under the Married Women and Children (Maintenance) Act 1950 [Act 263], or otherwise by a decree of a Court of competent jurisdiction,
the Registrar-General shall not authorize re-registration unless information with a view to obtaining the same is furnished by both parents.
(2) Where the Registrar-General believes any person to have become a legitimated person within the meaning of the Legitimacy Act 1961 on the marriage of his parents, and the parents or either of them fail to furnish within a period of three months from the date of the marriage such information, if any, as may be necessary to enable the Registrar-General to authorize the re-registration of that person’s birth, the Registrar-General may at any time after the expiration of the said period by notice under his hand require the parents or either of them to give him such information concerning the matter as he may consider necessary, verified in such manner as he may direct, and for that purpose to attend personally either at a Registrar’s office or at any other place appointed by him within such time, not being less than seven days after the receipt of the notice, as may be specified therein.
(3) No fee for re-registration under this section shall be charged if the necessary information for the purpose is furnished before the expiration of the said period of three months; but in any other case there shall be charged in respect of the re-registration such fees as may be prescribed.
(4) This section shall apply with such modifications as may be prescribed in relation to births at sea or on board an aircraft.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
