Proof Necessary to Rebut the Presumption of Legitimacy of Child Under Section 112 of the Malaysian Evidence Act 1950

Abstract

Section 112 of the Malaysian Evidence Act 1950 establishes the conclusive presumption of legitimacy unless non-access is proven which presents certain complex legal issues. This article examines the adequacy of this provision in light of modern scientific developments and evolving judicial attitudes toward biological parentage. It employed doctrinal, library-based research methodology by analysing the aforementioned provision, case laws and comparative jurisprudence from the United Kingdom and other common law jurisdictions to rebut the presumption of legitimatcy. The article critically assesses medical evidence, gestational calculations, anthropological resemblance, contraceptive practices, blood grouping tests, and deoxyribonucleic acid (DNA) profiling, identifying their relative reliability and contemporary relevance. The findings highlighted significant gaps in the Malaysian legal framework, including the absence of statutory standards for DNA testing and the lack of judicial authority to compel scientific testing in civil paternity disputes. The article concludes by proposing a principled reform of section 112 that incorporates scientifically verifiable rebuttable elements, expands the gestational period to reflect current medical knowledge, and grants clear statutory powers to the courts to order DNA or blood testing. This article aims to align Malaysian law with scientific accuracy, promote consistency in judicial decision-making, and safeguard the best interests of the child.