Child Born Out of Wedlock Has Relationship with Their Father Too: Indonesia’s Constitutional Court Wants You to Know

Family is one of the most important aspects of life, you and I both know that. But what happens when a child is born out of wedlock? 

In Indonesia, this has been a sensitive and often misunderstood topic. For years, children born outside of marriage faced legal and social challenges, particularly when it came to their relationship with their biological father. However, recent rulings from Indonesia’s Constitutional Court have shed new light on this issue, giving hope to many families. 

Let’s break this down together and explore what the law says, how it has evolved, and what it means for you and me.

The Legal Landscape: What the Law Says

To understand this issue, we need to look at Indonesia’s legal framework, starting with the 1974 Marriage Law. This law has been the cornerstone of family law in Indonesia. It defines marriage as a legal bond between a man and a woman, recognized by religion and the state. Under this law, children born within a legal marriage are automatically recognized as legitimate, meaning they have full legal rights, including inheritance and support from both parents.

But what about children born out of wedlock? According to the Civil Code, particularly Article 284, a child born outside of marriage can only be legally acknowledged by their father if the mother consents. This means that the father cannot simply claim the child as his own without the mother’s approval. The law is clear: “No acknowledgment of a natural child is accepted if the mother does not approve the acknowledgment.” This provision was designed to protect the rights and dignity of the mother, but it also created a legal barrier for fathers who genuinely wanted to establish a relationship with their child.

For many years, this legal framework left children born out of wedlock in a gray area. Without acknowledgement, they were often denied legal rights, including inheritance and financial support from their father. This created a stigma that affected not just the child, but the entire family.

The Constitutional Court Steps In

In recent years, Indonesia’s Constitutional Court has taken significant steps to address this issue. One of the most groundbreaking rulings came in 2012, when the court issued a decision that expanded the rights of children born out of wedlock. The court ruled that these children have a legal relationship not only with their mother but also with their biological father. This was a monumental shift, as it recognized the importance of the father’s role in the child’s life, regardless of marital status.

The court’s decision was based on the principle of justice and the best interests of the child. The judges argued that a child should not be punished for the circumstances of their birth. After all, you and I can agree that every child deserves love, care, and support from both parents. By recognizing the legal relationship between a child and their biological father, the court aimed to ensure that these children have access to the same rights and opportunities as those born within marriage.

What Does This Mean for You and Me?

So, what does this all mean in practical terms? Let’s break it down.

1. Acknowledgment and Legalization. If you’re a father of a child born out of wedlock, you now have a clearer path to establishing a legal relationship with your child. However, the process still requires the mother’s consent, as outlined in Civil Code Article 284. This means you’ll need to work together with the mother to ensure that the child’s rights are protected. It’s not just about legal paperwork; it’s about building trust and cooperation for the sake of the child.
2. Rights of the Child. For children born out of wedlock, this ruling is a game-changer. It means they can now have a legal relationship with their father, which opens the door to rights like inheritance, financial support, and even emotional connection. You and I both know how important it is for a child to feel loved and supported by both parents. This ruling helps make that possible.
3. Social Stigma. One of the biggest challenges for children born out of wedlock has been the social stigma attached to their status. While laws can’t change societal attitudes overnight, this ruling is a step in the right direction. By recognizing the legal relationship between a child and their father, the court is sending a message that every child deserves respect and dignity, regardless of the circumstances of their birth.
4. Responsibilities of the Father. With rights come responsibilities. Fathers who acknowledge their children must also be prepared to fulfill their duties, including providing financial support and being actively involved in the child’s life. This isn’t just about ticking legal boxes; it’s about being a parent in every sense of the word.

Challenges and the Road Ahead

While the Constitutional Court’s ruling is a significant step forward, there are still challenges to overcome. For one, the requirement for the mother’s consent can be a double-edged sword. On the one hand, it protects the mother’s rights and ensures that acknowledgment is not forced upon her. On the other hand, it can create obstacles for fathers who genuinely want to be involved in their child’s life but face resistance from the mother.

There’s also the issue of enforcement. Legal rulings are only effective if they are implemented properly. You and I both know that bureaucracy can be a hurdle, and many families may struggle to navigate the legal system. Advocacy and education are crucial to ensure that families understand their rights and can access the support they need.

A Message of Hope

At its core, this issue is about love, responsibility, and justice. The Constitutional Court’s ruling is a reminder that every child deserves to be treated with dignity and respect. It’s a call to action for parents, lawmakers, and society as a whole to create a more inclusive and compassionate environment for all children.

You and I have a role to play in this. Whether it’s by supporting families in our community, advocating for fair policies, or simply challenging outdated stereotypes, we can make a difference. Let’s remember that behind every legal case is a child who just wants to be loved and accepted for who they are.

Conclusion

The journey to justice for children born out of wedlock in Indonesia is far from over, but the progress made so far is worth celebrating. The Constitutional Court’s ruling has opened the door to a brighter future, where every child has the opportunity to build a meaningful relationship with both parents. It’s a reminder that the law is not just about rules and regulations; it’s about people, families, and the values we hold dear.

So, the next time you hear about a child born out of wedlock, remember this: they have a relationship with their father too, and the law is on their side. Together, you and I can help create a world where every child feels loved, supported, and valued. No matter where they come from.

My name is Asep Wijaya, writing for Wijaya & Co. We orchestrate to assist you navigate. Thank you for reading my posts.