At the outset of today’s proceedings, a three-member bench chaired by Justice Abang Iskandar Abang Hashim advised parties to explore the possibility of a settlement due to the complicated nature of the case.
Also on the bench were Justices Nallini Pathmanathan and Rhodzariah Bujang.
Senior federal counsel Ahmad Hanir Hambaly said he needed about three months.
Lawyer A Srimurugan, representing the mother, said his client was open to an amicable solution in the best interest of the child.
“We are prepared to withdraw the motion to obtain leave if the paramount interest and welfare of the child is protected,” he told FMT after the proceedings.
Last December, the woman, who is married to a Malaysian man, turned to the Federal Court in a final bid to secure citizenship for her son.
Srimurugan said he had framed five legal questions to secure a hearing by the apex court on the merits of the appeal.
One key question revolves around whether the DNA testing of parents will violate their right to privacy under Article 5(1) of the Federal Constitution.
Another asks whether the welfare and interests of a child should take precedence when interpreting citizenship provisions under the Second Schedule, Part II, Section 1(a) of the Federal Constitution.
On Nov 29, a three-member Court of Appeal bench led by Justice Azizah Nawawi dismissed the woman’s appeal, citing doubts about the teenager’s paternity.
“The mother failed to prove that her son is a citizen under Article 14(1)(b) of the Federal Constitution, read with Section 1(a) of the Second Schedule,” she said, referring to the citizenship requirements of the constitutional provisions.
The law requires that either the boy’s mother or father be a Malaysian or permanent resident for him to qualify for citizenship.
The woman married in 2000 and had two sons, in 2004 and 2010.
The younger boy applied for a MyKad at the age of 12, but his case was referred for investigation on grounds that he did not bear any physical resemblance to the Malaysian man.
The man was said to have told officers from the national registration department (JPN) that the teenager was not his biological child, but that a DNA test was unnecessary.
Investigations into the case are ongoing.
The Indonesian woman then commenced a lawsuit seeking a declaration that the teenager is a Malaysian citizen by operation of law, as well as an order compelling JPN to issue him a MyKad.