Malaysia legislation

Section 114

of *ISLAMIC FAMILY LAW (FEDERAL TERRITORY) ACT 1984

Section 114

Conditions for valid acknowledgment

Where a man acknowledges another, either expressly or impliedly, as his lawful child, the paternity of the child shall be established in the man, if the following conditions are fulfilled, that is to say:

(a)

the paternity of the child is not established in any one else;

(b)

the ages of the man and the child are such that filial relationship is possible between them;

(c)

where the child is of discreet age, the child has acquiesced in the acknowledgment;

(d)

the man and the mother of the child could have been lawfully joined in marriage at the time of conception;

(e)

the acknowledgment is not merely that he or she is his son, but that the child is his legitimate son;

(f)

the man is competent to make a contract;

(g)

the acknowledgment is with the distinct intention of conferring the status of legitimacy; or

(h)

the acknowledgement is definite and the child is acknowledged to be the child of his body.

Presumption from acknowledgment rebuttable

Section 114 — ISLAMIC FAMILY LAW (FEDERAL TERRITORY) ACT 1984