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What are the Key Issues in the Child Born Out of Wedlock in Indonesia?

12 March 2018 Asep Wijaya 1336 times

Child born out of wedlock in Indonesia has some key issues in its proceedings. If you have a child born out of legitimate marriage, you should know these and make sure you don't get conflicted by our legal system. First, we have now amended Article 43 (1) of the Marriage Law stipulates that child born out of wedlock not only has civil relationship with its mother and her family, but the child also have civil relationship with the biological father, and his family as well. Back then, the child born out of wedlock only have legal relationship with the biological mother, and her family. 

The starting point to draw a fine line between the child and the father, is by having the father to acknowledge the child. According to the Article 280 of Civil Code, the acknowledgment is to create the civil law relationship with the child, and its father or mother. After the acknowledgement, you may draw anything between the two of them. You may establish a child support, parenting and visitation. The child is also entitled to use your family name. He/she might be able to claim as your one of your heirs in the inheritance matters.

Furthermore, the amended Article 43 (1) imposed that a claim made in order to acknowledge the child and his father must be supported with a scientific evidence, like DNA test, as well as two witness that willing to take a stand at the court of law. The acknowledgment of an out of wedlock child must be approved by the court of law. The court verdict must shows the origin of the child, the acknowledgment made by the father, and the consent by the biological mother. This is an integrated paperworks. 

The idea to come-up with the amended Article 43 (1) is to provide legal protection for the child born out of wedlock. It is the duty of the State to issue a document regarding the origin of the child with full names of the parents and printed on a birth certificate. As the father of the child, you need to do this proceeding. Because without it, the child born out of wedlock can only have name of the mother printed on the birth certificate. It can't include the father's name yet. You know why. Because as the father you haven't conduct any acknowledgment and without it you can't draw a fine line between you and the child. No legal relationship whatsoever.

Now you have it. The key issues in the proceeding of legalization of child born out of wedlock in Indonesia. Make sure you don't miss a thing when you're doing it. I know in the field of practise, things may not be as easy as I write this article. You may be confused with conflicting informations. Not to mention you have to deal with the bureaucracy of the government. Please don't be up set. Just don't take it personally. Please don't blame others. It won't do you any good. You're not alone. Look for solution, and open your mind to the possibilities working with the legal expert in this field. Please contact me should you wish to discuss this issue any further. You may also raise other key issues that might be relevant to this case during our discussion.

My name is Asep Wijaya. Thank you for reading my posts.


Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us!


The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found within this article nor in this website.


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