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State withdraws case of proving paternity through civil means

Mariyath Mohamed
27 November 2023, MVT 17:12
Attorney General Ahmed Usham.-- Photo: MInister
Mariyath Mohamed
27 November 2023, MVT 17:12

The Attorney General's Office has today released a statement clarifying that the State has withdrawn the case submitted at the Supreme Court to rule that paternity of a child can be determined or proven through civil means.

The case revolves around determining the father of a child born to a Maldivian man and an Indonesian woman four months after their marriage abroad. Following the woman's departure from the Maldives soon after the birth, the child was placed in state custody. The child was previously cared for by the man's mother, but later handed over the child at the age of five to the State, claiming inability to continue the care.

Seeking to grant citizenship in line with the Constitution, which confers citizenship to children born to local parents, the State, under the previous administration, approached the Family Court to approve establishing paternity of the child through civil standards.

The Family Court ruled against the proposition, prompting the State to appeal the case at the High Court. The High Court, too, ruled that paternity cannot be established in any manner outside the boundaries of Shariah and law.

Still during the tenure of the past administration, the State appealed the case at the Supreme Court. However, today, the Attorney General's Office released a statement saying that the case has been withdrawn after continued review of the case.

As per the Maldives' Constitution, citizenship can be granted to a child who has at least one Maldivian parent. It is said that this is the reasoning behind applying for the ruling on establishing paternity through civil means.

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