The Joint Affidavit of Legitimation is a essential legal document used in Malaysian jurisdiction when parents need to formally establish the legitimate status of a child born before their marriage. This document becomes necessary when parents marry after the birth of their child and wish to legally legitimize the child's status. The affidavit must comply with the Legitimacy Act 1961 and includes detailed information about the child's birth, the parents' subsequent marriage, and declarations confirming the biological relationship. It's particularly important for updating official records, ensuring inheritance rights, and establishing the child's legal status for various purposes including education, healthcare, and citizenship. The document requires careful preparation as it has long-term legal implications and must be properly executed before a Commissioner for Oaths, with consideration for both civil and, where applicable, Islamic law requirements.
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1. Title and Introduction: Formal title of the affidavit and introduction of the deponents with their full names, NRIC numbers, religions, and addresses
2. Capacity Declaration: Statement of the deponents' capacity to make the affidavit and their relationship to the child
3. Child's Details: Full details of the child including name, date of birth, place of birth, and birth certificate number
4. Marriage Details: Information about the parents' marriage including date, place, and marriage certificate details
5. Factual Declaration: Chronological statement of facts regarding the child's birth and parents' subsequent marriage
6. Legal Basis: Reference to relevant sections of the Legitimacy Act 1961 and other applicable laws
7. Legitimation Request: Formal request for recognition of the child's legitimation
8. Verification Statement: Declaration of truth and accuracy of the stated facts
9. Execution Block: Space for signatures, commissioner for oaths details, and attestation
1. Islamic Law Compliance: Required when either parent is Muslim, declaring compliance with Islamic law requirements
2. Previous Marriage Declaration: Required if either parent was previously married, declaring no impediments to legitimation
3. Consent of Child: Required if the child is above 18 years old, including their consent to legitimation
4. Foreign Element Declaration: Required if birth or marriage occurred outside Malaysia, addressing international aspects
5. Guardian Confirmation: Required if a legal guardian is involved in the legitimation process
1. Birth Certificate: Certified true copy of the child's birth certificate
2. Marriage Certificate: Certified true copy of parents' marriage certificate
3. Identity Documents: Copies of NRIC/passport of both parents
4. Supporting Declarations: Any additional statutory declarations from witnesses if required
5. Translation Certificates: Certified translations of any documents not in Bahasa Malaysia or English
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