Identity papers: registering a birth, late registration, names and corrections

Key points

A birth must be reported to the Registrar, and the register signed, within 60 days; for a found new-born child, within 14 days (Births and Deaths Registration Act 1957 ss 8, 9).
After that, the birth can be registered only with the written authority of the Registrar-General, on late-registration fees and conditions; the fees can be waived in whole or part (s 12).
A name given or changed within the first year is entered by certificate; a person registered without a name can have one registered later — by a parent or guardian from age 1 to 21, or by the person himself from 21 (s 15).
Clerical errors are corrected by the Superintendent-Registrar; errors of fact or substance by the Registrar-General on a statutory declaration by two qualified or credible persons (s 27).
Every person in Malaysia must be registered under the National Registration Act 1959, subject to exemptions in the regulations (s 5).

Who registers a birth, and by when

The birth of every child born in Malaysia must be registered (Births and Deaths Registration Act 1957 s 7(1)).
Those qualified to give the information are the father, the mother, the occupier of the house where the child was born, anyone present at the birth, and anyone having charge of the child (s 7(2)).
Every qualified informant has a duty to give the prescribed information to the Registrar and sign the register in the Registrar’s presence within 60 days of the birth; once one of them does so, the others’ duty is discharged (s 8).
At registration the Registrar gives the informant a Certificate of Birth (s 14).

A new-born child found abandoned

The person who finds a living new-born child exposed, and anyone in whose charge the child is placed, must give the Registrar what information they have, to the best of their knowledge and belief, and sign the register, within 14 days of the finding (s 9).
If the place of birth is unknown, the birth is registered in the registration area where the child was found (s 7(1), proviso).

Late registration

Once 60 days from the birth (or 14 days from finding a new-born child) have passed without registration, the birth can be registered only with the written authority of the Registrar-General, in the manner and on the fees and conditions prescribed for late registration; the register records that authority was obtained (s 12(1)).
The Registrar-General may waive the late-registration fees in whole or in part, under criteria and conditions set by the Minister (s 12(1A)).
This does not apply to a stillbirth (s 12(2)).

Surnames and names

For a legitimate child, the surname entered is ordinarily the father’s surname, if any (s 13A(1)).
For an illegitimate child, the surname may be the mother’s, where she is the informant and volunteers it; or, where a man acknowledges himself to be the father under s 13 and asks, his surname (s 13A(2)).
Within the first year: if the registered name is altered, or a child registered without a name is given one, the new name is entered — without erasing the original — on a prescribed certificate signed by the father, mother, guardian or person having custody, and payment of the fee (s 15).
Registered without a name, later: from age one to 21, by a certificate signed by a parent, guardian or person having custody, delivered to the Registrar-General; from age 21, by the person himself, with the prescribed fee. The Registrar-General must first be satisfied the person was registered without a name (s 15).
If a proposed name appears objectionable or undesirable, the Registrar refers it to the Registrar-General, who decides whether it is registered (s 16).

Correcting mistakes in the register

No alteration may be made in a register except as the Act allows (s 27(1)).
A clerical error can be corrected by the Superintendent-Registrar as the Registrar-General directs (s 27(2)).
An error of fact or substance can be corrected by the Registrar-General on payment of the fee and production of a statutory declaration setting out the error and the true facts, made by two persons who were required to give information about the birth or death — or, failing them, two credible persons who know the facts (s 27(3)). An error found at an inquiry under s 37B can also be corrected (s 27(3A)).

Birth certificates as evidence

A duly certified entry or Certificate of Birth is received without further proof as evidence of the particulars it is required to contain (s 33(1)); a photographic copy or a prescribed extract certified under s 32(2) counts as a certified copy (s 33(3)).

Offences

Wilfully refusing to answer the Registrar’s questions, failing without reasonable excuse to deliver a required certificate, or failing in the s 8 duty to register a birth (where no one else did) is punishable with a fine up to RM20,000, or up to 3 years’ jail, or both (s 35).
Wilfully giving false information, making false entries, registering the same birth twice, using another person’s Certificate of Birth as one’s own, or forging a certificate are offences under s 36.

National registration (identity card)

The Director General of National Registration keeps a register of all persons in Malaysia who must register under the National Registration Act 1959 (s 4(1)); its form and particulars are set by regulations (s 4(2)).
Subject to exemptions in the regulations, every person within Malaysia must be registered (s 5).
Registration does not remove any obligation under another law to hold a passport or travel document (s 8).
The details of identity cards — applying, replacing a lost card, updating particulars and fees — are in the National Registration Regulations, which this guide has not checked; ask the National Registration Department (JPN).

Laws cited on this page

Act 78	National Registration Act 1959 Akta Pendaftaran Negara 1959 Our guide →	PDF · PDF (BM) · Official ↗
Act 299	Births and Deaths Registration Act 1957 Akta Pendaftaran Kelahiran dan Kematian 1957 Our guide →	PDF · PDF (BM) · Official ↗

Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →

Worked examples

Example 1: Registering at four months

Facts. Nurul gave birth at home in a rural area and the family could not reach the registration office until the baby was four months old.

The law. After 60 days, registration needs the Registrar-General’s written authority and is subject to late-registration fees and conditions (s 12(1)); fees can be waived (s 12(1A)).

Outcome. The baby can be registered with that authority, and a Certificate of Birth issued (s 14). The family may ask whether the fee can be waived.

Example 2: Wrong father’s name in the register

Facts. Kumar finds that his daughter’s birth entry records his name wrongly — a different person’s name was written down from a hospital form.

The law. This is an error of fact or substance, corrected by the Registrar-General on a fee and a statutory declaration by two qualified informants or two credible persons (s 27(3)).

Outcome. Kumar and the child’s mother, as qualified informants (s 7(2)), can make the statutory declaration; the corrected entry is certified with the date of correction (s 27(3)).

Examples are simplified illustrations with invented names; real cases turn on their own facts.

Questions & answers

Who can register my baby’s birth?

The father, the mother, the occupier of the house where the baby was born, anyone present at the birth or anyone having charge of the child (Births and Deaths Registration Act 1957 s 7(2)). One of them registering is enough (s 8).

What if we miss the 60-day deadline?

The birth can still be registered, but only with the written authority of the Registrar-General and on the late-registration fees and conditions (s 12(1)); the fees may be waived in whole or part (s 12(1A)).

Whose surname does the child take?

A legitimate child ordinarily takes the father’s surname (s 13A(1)). For an illegitimate child it may be the mother’s, if she is the informant and volunteers it, or that of a man who acknowledges himself as the father and asks (s 13A(2)).

My adult relative was registered without a name. Can it be added?

Yes. From 21, the person himself delivers a prescribed certificate to the Registrar-General with the fee, and must satisfy the Registrar-General that he was registered without a name (s 15).

How do I correct a wrong date or parent’s name on a birth certificate?

An error of fact or substance is corrected by the Registrar-General, on a fee and a statutory declaration by two persons who were required to give the birth information, or else two credible persons who know the facts (s 27(3)).

Is it an offence not to register a birth?

Yes. A qualified informant who fails to give the information, where no one else gives it, is liable to a fine up to RM20,000 or up to 3 years’ jail or both (s 35(c)).

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This page explains the general position in Malaysia (last reviewed October 2026). It is not legal advice — check the current law and get advice on your own facts.

Sources

Births and Deaths Registration Act 1957 National Registration Act 1959 Statutory Declarations Act 1960 Family law: marriage, divorce, maintenance and custody Muslim family law and Islamic estate planning