The Affidavit of Illegitimacy is a crucial legal document used in Malaysia when there is a need to formally declare and record a child's status as born outside of marriage. This sworn statement becomes necessary for various purposes, including birth registration, school enrollment, passport applications, or welfare benefits. The document must be prepared in accordance with Malaysian legal requirements and can be used in both civil and Shariah courts, depending on the parties' religious status. The affidavit typically includes detailed information about the child's birth circumstances, the mother's declaration, and any known information about the biological father. As a formal legal document, it must be sworn before a Commissioner for Oaths and may require supporting documentation such as birth certificates or medical records.
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1. Title and Heading: Formal title of the document including jurisdiction, court details if applicable, and affidavit type
2. Deponent Information: Full name, NRIC number, occupation, and address of the person making the affidavit
3. Solemn Declaration: Standard declaration that the statements are true and made under oath
4. Personal Background: Relevant personal details of the deponent and their relationship to the child
5. Child's Information: Details of the child including name, date of birth, and birth registration information
6. Statement of Illegitimacy: Clear declaration regarding the circumstances of the child's birth and illegitimate status
7. Verification: Confirmation of the truth of the statements and understanding of legal implications
8. Jurat/Attestation: Official certification by the authorized person before whom the affidavit is sworn
1. Additional Witnesses: Statements from other individuals with knowledge of the circumstances, used when additional verification is needed
2. Medical Information: Relevant medical records or information, included when medical evidence supports the claim
3. Paternity Statement: Details about the biological father if known and relevant to the case
4. Religious Status: Declaration of religious status if relevant for determining applicable law (civil or Shariah)
5. Support Arrangements: Information about child support or maintenance arrangements, included when relevant to the purpose of the affidavit
1. Annexure A - Birth Certificate: Copy of the child's birth certificate or registration
2. Annexure B - Deponent's Identification: Copy of deponent's NRIC or passport
3. Annexure C - Supporting Documents: Any relevant supporting documentation such as medical records, correspondence, or other evidence
4. Annexure D - Translation Certificate: Certified translations of any documents not in Bahasa Malaysia or English
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