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KUALA LUMPUR: The recent arrest of 10 individuals involved in a birth certificate forgery syndicate – linked to human trafficking and the smuggling of undocumented children – has exposed a deep and troubling flaw in Malaysia’s legal and bureaucratic framework. 

While authorities frame this as a case of corruption and criminality, the scandal is, in reality, a symptom of a much larger problem: a system that fails abandoned and adopted children, pushing desperate families into illegality.

THE CRISIS OF THE UNSEEN CHILDREN

Malaysia’s constitution guarantees citizenship to foundlings – children discovered abandoned with no known parents. Yet, in practice, civil servants often refuse to apply this provision, driven by personal biases or unfounded fears. Some believe granting citizenship would "reward" illegitimate births, while others suspect foundlings might be children of undocumented migrants. 

The result? Thousands of children grow up stateless, invisible to the system and vulnerable to exploitation.

Without birth certificates, these children cannot attend school, access healthcare or prove their identity. They exist in legal limbo, and when they reach adulthood, their lack of documentation bars them from formal employment, pushing many toward informal – and sometimes illegal – means of survival.

THE ADOPTION MAZE AND THE DESPERATION OF PARENTS

For Malaysian families who wish to adopt abandoned children, the process is fraught with obstacles. 

Adoption laws differ for Muslim and non-Muslim children, though the classification of a foundling’s religion is often arbitrary. Even after navigating the adoption process, parents face an uphill battle to secure birth certificates and citizenship for their children.

Frustrated by bureaucratic inertia and discriminatory practices, some turn to middlemen and illegal channels to obtain documentation. In many cases, adoptive parents resort to registering the child as their biological offspring, erasing the child’s true origins. 

This is not just a failure of law enforcement – it is a failure of the state to provide a humane, functional system for adoption and citizenship.

THE DEADLY CONSEQUENCES OF CRIMINALISING ABANDONMENT

Malaysia’s penalisation of child abandonment exacerbates the crisis. Fear of prosecution drives mothers – often single and vulnerable – to abandon newborns in unsafe conditions. In Malaysia, it is called “baby dumping”. Shockingly, 60 per cent of abandoned infants are found dead. 

Instead of supporting these women or providing safe alternatives, the law pushes them into desperation, perpetuating a cycle of tragedy.

Malaysia need not look far for solutions. Morocco, an Islamic nation that once faced a similar orphan crisis, first implemented sweeping reforms to its family code (Mudawana) in 2004 and further improved the code to promote women’s rights in 2024. Key among the initial reforms was decriminalising child abandonment and establishing clear legal pathways for adoption under kafala, an Islamic guardianship system that maintains the child’s lineage while placing them in a loving home.

Morocco’s approach ensures that mothers who cannot raise their children can surrender them safely – under judicial supervision – rather than abandoning them in perilous conditions. The state then takes custody, documents the child, and facilitates legal adoption or kafala. 

This system, compliant with international child rights conventions, has significantly reduced street abandonments and improved child welfare.

TIME FOR MALAYSIA TO ACT

The birth certificate bribery scandal should serve as a wake-up call. Instead of merely prosecuting those caught in the web of corruption, Malaysia must address the root causes: opaque adoption laws, discriminatory citizenship practices and the lack of support for vulnerable mothers.

Last year, a controversial proposal to strip foundlings of automatic citizenship rights was narrowly defeated. Had it passed, this scandal would be just the beginning – statelessness would become the norm for countless children, fuelling more illegal syndicates.

Malaysia must take decisive action to rectify this systemic failure by first upholding constitutional protections for foundlings and ensuring that citizenship rights are enforced without prejudice or bureaucratic resistance. The adoption process must be reformed to create a clear, unified legal framework that serves all children equally, eliminating the arbitrary religious distinctions that currently complicate and delay placements. 

Additionally, decriminalising child abandonment – while establishing safe, legal surrender mechanisms – would protect both vulnerable mothers and infants, reducing tragic cases of unsafe desertion. 

Finally, strengthening child protection systems is essential to prevent trafficking and “baby selling”, ensure proper documentation for every child, and integrate them into society with dignity. These reforms would not only address the immediate crisis but also align Malaysia’s laws with its international commitments to children’s rights, fostering a more just and compassionate society.

This scandal is not just about corruption. It is about children whose lives hang in the balance, parents driven to desperation and a system that has failed them all. 

The Moroccan model proves that children protection principles already exist within the Islamic legal corpus even if Malaysia has yet to implement them. Malaysia, a nation that has ratified international conventions on children’s rights, must now align its laws with its obligations – and its humanity.

The time for reform is now – before more lives are lost to bureaucracy and indifference.

Dr Sophie Lemiere is a political anthropologist who specialises in Malaysian and Southeast Asian politics, and has held research and teaching positions in major universities across Europe, the United States and Southeast Asia. She is currently Research Fellow at College de France in Paris.