The terms of the consent order, agreed to between the appellants and the government, were endorsed by a five-member bench chaired by Chief Justice Tengku Maimun Tuan Mat.
Also on the panel hearing the appeal were Justices Abang Iskandar Abang Hashim, Nallini Pathmanathan, Nordin Hassan, and Hanipah Farikullah.
Lawyer Gurdial Singh Nijar, appearing for the appellants, informed the bench that the parties had agreed to maintain the decision handed down by the High Court in Kuala Lumpur four years ago.
The lawyer said the children, all of whom were born before an amendment to the constitution last year and are still 18 years old or younger, would be entitled to apply for citizenship pursuant to Article 15(2) of the Federal Constitution.
The provision allows a person under the age of 21 to be registered as a citizen if at least one parent is a citizen of the federation.
“We have reached agreeable terms to settle this matter and the appeal is withdrawn,” said Gurdial.
Senior federal counsel Liew Horng Bin confirmed the matter.
The court then recorded the consent judgment with no order as to costs.
On Dec 10 last year, the top judge adjourned the appeal to allow the government and aggrieved parties the opportunity to resolve the dispute amicably.
Family Frontiers and the mothers had come to the apex court to overturn a 2022 Court of Appeal ruling and reinstate the High Court order.
During the previous hearing, Gurdial told the bench that the amendments to citizenship laws passed by Parliament last October would not affect his clients’ cases, as they applied only prospectively.
The mothers won their case after the High Court ruled that children born overseas to Malaysian women were automatically entitled to Malaysian citizenship.
One of the questions before the apex court was whether the term “father” should be read to include mothers following a 2001 amendment to Article 8(2) of the constitution, which prohibits gender discrimination.
Outside court, Gurdial, assisted by Abraham Au, said those below 18 could apply for citizenship but that approval was subject to the fulfilment of conditions under Article 26.
He also urged the government to consider granting citizenship to those who were above 18.
“This group’s application could not be processed due to delays and bureaucratic blocks,” he said.
The lawyer said his clients sought legal remedy five years ago following the 2001 constitutional amendment to eliminate gender-based discrimination.
“It has been a long and arduous journey, and finally the government has consented to settle this matter,” he said.
Family Frontiers president Suriani Kempe said today’s order provided Malaysian mothers with much-needed relief and security, which the constitutional amendment did not address.
She also thanked civil society groups, elected representatives, and members of the public for rallying behind their cause.