Affidavit To Use The Surname Of The Father Template for Malaysia

The Affidavit to Use the Surname of the Father is a sworn legal document that allows you to formally adopt your father's surname under Malaysian law. This statutory declaration serves as official evidence of your request to change or add your father's surname to your legal name, enabling you to update official records and identity documents with the National Registration Department.

When do you need this document?

You need this affidavit when your birth certificate doesn't include your father's surname and you wish to add it to your official records. This commonly occurs when parents weren't married at the time of birth, when the father wasn't present during birth registration, or when there were administrative errors in the original registration. The document is also required when you want to establish a formal connection to your father's lineage for inheritance purposes, educational applications, or professional licensing. Additionally, you may need this affidavit if you're updating your identity card or passport to reflect your father's surname, or if you're applying for citizenship documents that require consistent naming across all official records.

Key legal considerations

Your affidavit must comply with the Statutory Declarations Act 1960, which requires the document to be sworn before a Commissioner for Oaths. You must provide compelling evidence of your father's identity, including his identity card details and proof of paternity such as birth certificates or DNA test results. If you're a minor, parental consent from both parents or legal guardians is typically required under the Guardianship of Infants Act 1961. The document must include your current legal name as it appears on official records, your father's full name and surname, and a clear explanation of why you're requesting the name change. Be aware that making false statements in an affidavit constitutes perjury, which carries serious legal penalties including imprisonment.

Legal requirements in Malaysia

Under the Births and Deaths Registration Act 1957 and National Registration Act 1959, your affidavit must be submitted to the National Registration Department along with supporting documents including your current identity card, birth certificate, and your father's identity documents. The affidavit must be executed in the proper format prescribed by Malaysian law, with the Commissioner for Oaths verifying your identity and administering the oath. You'll need to pay the prescribed fees for processing the name change application, and the entire process typically takes several weeks for approval. Once approved, you'll receive an updated identity card reflecting your father's surname, which then allows you to update other official documents including your passport, educational certificates, and bank accounts. The Rules of Court 2012 may apply if your application requires court intervention or if there are disputes regarding paternity or consent.