Sex and the citizenry: The global laws that leave women and children in limbo

Having given birth outside her native Malaysia, Nina endured a battle to secure citizenship for her daughter that effectively destroyed her marriage. Yet around the world, laws all too often let fathers but not mothers pass on their nationality

Nina is Malaysian. She married Brian, an American, while living in the US. There, they had a daughter together, Julia. A couple of years later, the couple decided to move back to Nina’s home state of Johor in Malaysia.

Under the country’s law, Malaysian women who give birth abroad do not automatically have the right to confer their citizenship to their children. Nor can they confer citizenship to a foreign husband. So Nina had to apply for citizenship for her daughter once the family returned to Malaysia, while hoping Brian could secure a work visa.

It was not an easy process. Brian and Julia were only allowed to stay in Malaysia on social visit passes, which had to be renewed every six months – for a fee. Public schools refused to enrol Julia because she wasn’t a Malaysian citizen. Brian didn’t have the required legal status to get a job, so Nina was forced to find work four hours away in the capital, Kuala Lumpur. The family was split apart, and Nina and Brian separated.

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