• +62 8128 2128 999
  • aw@wijayaco.id
  • +62 8128 2128 999
  • aw@wijayaco.id

Child legalization in Indonesia is the only way to recognize your child born out of wedlock. This proceeding is a must-have in order to build a relationship between a father and the child. It's giving him a paternity privilege. This thing means a lot to both of them, and covers so many aspects in their lives. The proceeding is to get a DNA test as the primary scientific instrument to take a stand in the court litigation. On one side, it shall be the legal basis for the paternity claim to the court of law in Indonesia. But on the other side, DNA tests may become the potential shadowing procedure in getting a child legalized by a father. 

Read on and I will tell you what you should know.

Your Marriage First

According to Article 2 (1) Marriage Law number 1 of 1974, your marriage will only be legally recognized if it was officially registered. We have two marriage registries in Indonesia i.e. Civil Registry, and Office of Religious Affairs. The date when your marriage is officially registered will be the date of your marriage. In the event your child’s date of birth was before the marriage date, she/he is an out of wedlock child, even though she/he was born after the religious ceremony. It is the registration date that counts. Therefore, your marriage is not legally recognized according to state law. Any child conceived shall be an illegitimate one. 

So, your marriage must come first before the child, and it must be officially registered with the government's marriage registry. Therefore, your marriage is the foundation of your family. Just like what they said: your marriage first!

Your Child Comes Thereafter

In the event your child was born before the marriage officially registered, legally speaking she/he is an illegitimate child. The child is not a legitimate one according to Article 42 of the Marriage Law. A legitimate child is one who was born into its parent legal marriage. 

In another word, your child is an out of wedlock and therefore will only have a legal relationship with its mother and her family. No paternity privilege being established under this situation. Not yet. This is governed under Article 43 (1) of the Marriage Law. The only way to do so is through the biological mother. She needs to consent the child legalization. 

The Procedures

The Civil Code has imposed that in order to legitimize the child, both husband and wife need to perform child legalization. Article 274 of Civil Code further stipulates that the same rules and regulations shall be applicable to both the legitimate and illegitimate after the legalization proceeding is fully completed. 

The procedures started by getting an acknowledgment of the child by the father. He acknowledges the child as his flesh and blood, and therefore shall be willing to accept the responsibilities as a father. As part of the acknowledgement, he also allowed the child to use his family name. In some parts of the world, you need to use the same last name in order to be entitled to some privileges. 

On the other hand, the mother consents the legalization proceedings. She also needs to confirm that the child receives support from the father on a daily basis. The most important part is that she needs to confirm that the child is his. This is essential as her affidavit shall be supported with a DNA test. This is the primary procedure that has been shadowing the child legalization proceedings.

What If You’re Not Married?

If you’re not married, you can also conduct child legalization. You need to get a court to approve this case. This is quite a tricky process as you only have one bite of an apple. You need to get the process a success in the first place, otherwise they will throw the case out and you’re stuck in limbo.

Your child also needs legal protection by getting legal recognition by his/her parents. It’s reflected on his/her birth certificate with the complete parents’ name. The child born out of wedlock, they cannot have this. The child only has his/her mother’s name on it. This is awkward because you must have both parents otherwise it won’t work. The fact is, a father’s name is not printed on the birth certificate. You need to have your name as a father otherwise your child is not recognized legally. 

Article 43 (1) of 1974 Marriage Law allows the child born outside of legal marriage to have paternity relationship with the alleged man as his/her father. Thanks to the breakthrough decision by the Constitutional Court in 2010. I have assisted more than a dozen cases in doing so during my time as an attorney. This is not something you see everyday, but it’s happening here in our lives, and our legal system is perfectly well in getting the proceeding completed. 

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

 

Published in Library

Origin of a child in Indonesia is a procedure to legalize your offspring and you through a strict legal mechanism in order to recognize the child legally. This is the procedures that protected by our 1945 Constitution as imposed on Article 28B (2): "Every child has the right of survival, growth, and development, participating and entitled to protection from violence and discrimination as well as civil rights and freedoms."

The implementation of the constitutional protection for the child is with the Child Protection Law of 2014 stipulates that the child has the right to know its parents. If you were married in a legal and recognized way, the child will not be having difficulties to access its rights under the laws. Nevertheless, if you were not legally married, the child will have problems in recognizing its rights and their access will be denied.

Before we go further in getting to review the offspring origin within Indonesia's legal system, you need to identify the type of child status according to our prevailing laws and regulation, as follows:

Legitimate Child

Article 42 of 1974 Marriage Law stipulates that a legitimate child is a child born within or as a result of a legitimate marriage. A legitimate child can also be born of the results of both spouses actions outside of his wife's womb.

The latter is pretty advanced ruling as this may be interpreted to include babies born using an artificial uterus or womb or even through a surrogate mother. Although, the last one is not considered legal yet according to the health regulation in Indonesia.

I am here not to discuss methods of how babies are born. That's not really my department. I am putting those mechanism just to bring those to your attention that such things exist and what the laws think about it.

Let's carry on!

Child Born Out of Legal Marriage

According to the decision from the Constitutional Court number 46/PUU-VIII/2010 dated 17 February 2012 on the amendment of 1974 Marriage Law especially Article 43 (1) imposed that a child born out of wedlock has civil law relationship with its mother and her family as well as with the alleged man as the father to the extent of the scientific evidence and/or other evidence according to the laws have blood relationship, including civil relationship with his family.

According to the records of the court, the marriage of the parent was not registered or recorded. It means, the marriage was not legal. But previous marriage has been conducted but did not performed legally according to the Marriage. Therefore, the couple did not receive any marriage book or marriage certificate. 

As for the evidence, you need to supply DNA test that shows you are not excluded as the biological father. It must shows 99.99%. Well, you can put as many as "number 9" on the results. It just give you more bonafidity as the alleged father. So, the more "number 9" on the DNA certificate, the better.

Child Born of Adulterous Relationship

The relationship between the woman and the man who got her pregnant is without any marriage. The child has no legal relationship with the father and his family. Its only has relationship with its mother and her family. Therefore, the child is not able to inherit from its father, nor its can inherit to its father.

On the other hand, the man who got its mother pregnant has legal obligation in supporting the child financially, and to facilitate the child to inherit from his own last will.

In the event the woman is in marital relationship with her husband, and the man who got her pregnant claims the child as his, the law imposed that the child belongs to the woman's husband. Unless, if he denies the child. He may file an application to the court to deny the child and declare the child born of its mother's adulterous relationship.

Those three types of child legal status determine your situation and its level of difficulties in working with the legal system. I am not to say that one child may be better than the other. They have every rights to be legally protected, and the protection starts when you are there as their parents to support them, to feed them, to nurture them, to educate them, to teach them to get back on their feet after they felt, and to teach them to stand on their own.

You know, all the things a father would do for his child. 

My name is Asep Wijaya. Thank you for visiting my blogs and reading my posts!

Published in Library

Child legalization in Indonesia is a very important issues. This is the proceeding to legalize the child born outside of a legal marriage. He/she has legal relationship with the mother and her family only. In order to obtain a custody privilege, the alleged father must conduct child legalization. No legal relationship will be established between the father and the child without the consent from the biological mother.

Under the laws in Indonesia, the relationship between the child and the father is not recognized when it comes to the inheritance matters. At least, if you compare it with the legitimate child. The thing is, inheritance is some arrangements that will only be done when you're gone. You don't know whether your assets are being distributed according to your wishes and whether the child entitled to them or not. This is why the legalization of child born out of wedlock in Indonesia really matters, especially if you're from a Non Moslem family.

As you probably aware, the inheritance issues are referred to the person's religion affiliation. We have Compilation of Islamic Law for Moslem families, and Civil Code. Since the issues of child born out of wedlock is very familiar with the civil law, there the law defines the child into three (3) categories as follows:

  1. A legitimate child, is the child born in the legal marriage of a man and a woman;
  2. A child born out of wedlock, but acknowledged by his father and/or his mother. The legal relationship is being established between the three (3) of them. They are now a family recognized by law, but it does not take effect to their extended families. The acknowledgement only applicable to the three of them. The law will consider the child as a legitimate one when the two of them are married to each other. 
  3. A child born out of wedlock. No acknowledgement made by the father as well as by the biological mother. Legally, he is an orphan. Poor child. No inheritance law applicable to him.

Civil Code has a very distinctive ruling on inheritance for child born out of wedlock in Indonesia. The law refer the child born out of wedlock as a "natural child." It is comprehensive and detailed. It avoids conflict between the heirs. In the event that the deceased has left legally acknowledged natural children, the inheritance shall be implemented as the following manners: According to the Article 863 and Article 865.

Article 863 stipulated that in the event the deceased has left any legal descendants or a spouse, the natural children is inherit one third of the share, which they would be entitled to if they were legal; they is inherit one half of the estate, if the deceased does not have any descendants, or spouse, but has blood relatives in the ascending line, or brothers and sisters or their descendants; and three quarters if the only remaining family is related in a more distant degree. If the legal heirs of the deceased are related in unequal degrees, the closest relative in one line is stipulate the amount of the share to which the natural child shall be entitled, even with respect to those who are in the other line.

The child born out of wedlock may inherit all the assets in the event his father (the deceased) passed-away without any other legal heir. Article 865 imposed that if the deceased has not left any legal heirs, then the natural children shall be entitled to the entire inheritance. 

The above stipulation is not applicable for the child born due to incest, and adultery. The aforementioned stipulations in Article 863 and Article 865 are not applicable to children conceived through adultery or incest. This imposed by the Article 867 of the Civil Code. On another words, the child must be conceived through 

As I said, the legalization of the child born out of wedlock is really matter. In fact, it's a big deal. It protects your child from the claims that may be made by other family members. Without the legalization, he only deserve 1/3 of the portion of the legitimate child. You need to do something to protect your flesh and blood. We both know that as parents we want the best for our children, and in this case, the legalization of the child born out of wedlock does really matters.

I am Asep Wijaya. Thank you for reading my posts!

Published in Library

The origin of a child is a legal proceeding conducted with the child born out of wedlock in Indonesia. This is to create a relationship between the child and the biological father. It happens when you conceived a child before your marriage legally registered. This may be happen for so many reasons, among others; either of you are not legally divorce when the child was born, you're both legally free to marry but think that the marriage is not for you; or you performed the religious marriage, but not the civil one. So the child comes first, and then the marriage thereafter. By law, the child has only relationship with the mother and her family. You need some extra efforts to establish the connection between the child and its father. The laws in Indonesia has set-out the way forward and it's up to you if you're willing to go the extra mile. Other people have done it, and now it's time for you to do it.

We have Article 43 (1) of Marriage Law certifying that the child has the legal relationship between both the mother, and the father as well as their families. Nevertheless, such claim must be supported with scientific evidence, and other related evidence to prove their blood connection, including civil law relationship with the family of its father. The revised version of this Article has been amended by the Constitutional Court with the verdict number 46/PUU-VIII/2010 on February 17, 2012. In another words, you need to retrieve a DNA test. The results must be 99.9999% that you are not excluded as the father of the child. Take a test of you and the child. They will take your saliva with a tiny cotton bud. It will take less than 30 (thirty) minutes, and then you can call it a day. They will let you know within approximately three (3) weeks. Nervous? You tell me. Please contact me should you need any further arrangements like this. I will certainly love to assist you with the direct direction. 

The idea behind the verdict was not only because the marriage between the biological mother and the man that gets her pregnant, but also because the blood connection between the child and the alleged father. Apart from the marriage between the two of them, the child must be legally protected. Therefore, the birth of your child must be reported to the civil registry office within 60 (sixty) days. The strict time-frame is imposed according to Article 27 of Law number 24 of 2013 regarding Administration of Population Law. You will see only the name of the child and its mother, but it is a starting point to initiate the process. The civil registry is to register the birth of your child. They don’t have any authority to prove the relationship between you and your child. You will have to do it in the court of law. At Wijaya & Co., we handle legalisation of the child born out of wedlock as part of our scope of practice. Your Indonesian attorney knows technicality like this. Get one with experience in this field. You'll get hicough-free processing case. 

Before you sign that paternity affidavit, you have to make sure that you have the consent from the biological mother. Otherwise, the process will turn sour and your application might be end-up in limbo. The consent from the mother is a statutory requirement in Indonesia. You need to secure that before the application lodged to the court. This proceeding requires both of you to work together for the best interests of the child. I am not saying that you should light the flame between the two of you again. Although this thing does not require you to get marry to each other, but at least you must be able to sit down together and talk without pointing fingers. Think you can do it? If you do, click here to give me a call or drop me an email to get our legal review about your case.

My name is Asep Wijaya. Thank you for reading my post!

 
Disclaimer:
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 anywhere in this article nor in this website. 
Published in Library
Wednesday, 28 March 2018 07:37

Fathering Illegitimate Child in Indonesia

Fathering illegitimate child can happen when you're in a relationship with your legally wedded spouse. It means you're committing an adulterous relationship. An adultery is a crime in Indonesia under Article 284 of Criminal Code. We called it Delik Aduan, meaning that it's an absolute complaint offence. They can only bring you to justice if your spouse file charges against you. The definition of an adultery is sexual intercourse committed by a married man or a married woman, must be consensual, and either of you are not legally free to marry. Your spouse may file charges against you, but he/she is the only one that may revoke it. 

The child, should you want to keep it, is an out of wedlock child. It means he/she is born out of legal marriage. Under the 1999 Human Rights Law, the child has the rights to know his/her parents, to be nurtured and raised by his/her own parents. So, keeping the child alive is a good choice. It's your flesh and blood. Abortion is the last thing you want to do. So don't do it, for God sake! Don't do the abortion. Do the DNA test. If the child was yours, acknowledge it and proceed with child legalization. Please contact me at Wijaya & Co. for getting this thing done the right way.

According to the ruling from the Constitutional Court number 466/PUU-VIII/2010 and since the verdict was reached on Feb. 17, 2012, child born out of wedlock has legal relationship not only with its mother and her family, but also with its father and his family. Claims towards the child must be consented by the mother. This must be done before you pursue child legalization. Going further with child legalization requires DNA test, and must be supported by other evidentiary proof to support it.

The birth certificate for a child born out of wedlock has mother's name only. You won't see your name as the father before you're conducting child acknowledgment and child legalization thereafter. When you're taking a DNA test, you need to make sure that the results of the test is being signed by the accredited medical practitioner in the business. You need to make sure no clause that may prevent or lies legal constraint during the proceeding of child legalization. According to the ruling from the Constitutional Court, the DNA test is one of the two significant evidence used in getting the child's legal recognition. In fact, this is the utmost significant evidence used by the court in determining parental relationship between you and the child. It's a tricky thing that you should do with the laboratory conducting your child's DNA test. Failure in doing so might end-up the court rejects your motion. This is the last thing you want. You need to be very careful about this one. 

Call us or email at Wijaya & Co. us to find out how we can assist you in getting you to the right direction of this proceeding. I am sure you want to do the right thing with the right way. 

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

Published in Library
Friday, 02 March 2018 07:41

Child Born Out of Wedlock in Indonesia

Child born out of wedlock in Indonesia has legal relationship with its biological mother and her family only. This principle is reflected on the child's birth certificate. It means the birth certificate of a child born out of legal wedlock cannot include the name of its father. That was ancient regulation before we have a breakthrough from the Constitutional Court. Nowadays, children born out of wedlock has legal relationship with the acclaimed biological father. The claims must be supported with the scientific evidence such as DNA test, among others. 

Article 43 (1) of 1974 Marriage Law has been recently amended to include the biological father as parent of the child born out of wedlock. This ruling was meant to protect the child’s basic right. Just because we recognize the legal relationship between the father and his child born out of wedlock, it doesn’t mean to attack the legal marriage and its legitimate children. The relationship does not automatically entitles the child to the legal rights as if it was born into the legal marriage. Nevertheless, it may be the basis to create "the bridge" between the acclaimed father and the child in regard to the child's rights in claiming child supports, education, inheritance, etc. Well, at least you need to start somewhere, right? 

The legal proceedings under the amended Article 43 (1) of the Marriage Law is very useful for the children born outside of the legal marriage. This is because they can have a birth certificate with complete names of the parents. Both names of the father and mother printed on its birth certificate. This is a milestone to a new world of opportunities for them. This is similar to child legalization proceeding. Without the proceeding, the child may entitle to a birth certificate with mother’s name only. They said our legal system legally bastardizing them. They won't be, as long as you as the father would like to recognize them. It's your flesh and blood anyway. So, give them what they need: the birth certificate with the full names of the parents.

The best thing about this, it does not have to come with the marriage of the parents. Do I mention something about tying the know at some point? No. It's up to you! Sometimes, messy things between the two of you doesn't have to make your "champ" suffers. All you need is to talk to each other, sit down in the same table with your Indonesian lawyer and get the ball rolling. Well, I am not the guy who against the spiritual and emotional bonds like they do have in those married couples. What's important is the father's acknowledgment. It does really matters to your child. What a simplified legal system, huh? We make things simple. It's up to you to keep it simple, or the otherwise. All you have to do is to supply the evidence. This is the most convenient way, considering the absence of your marriage certificate.

Well, let me completely be honest with you. I understand that you may not be able to supply the marriage certificate due to various reasons. You did perform the marriage, but it may not performed properly according to the marriage regulation. It's called unregistered marriage. In Indonesia, some called it "Nikah Siri." Or, you never get marry before and the child conceived out of the adulterous relationship. A marriage is one thing, and a child is another thing. I am not going to cast a stone at you. You don't have to do it if the marriage is not a scenario. So, you can do this proceeding under the Article 43 (1) of the Marriage Law without getting marry first.

I dedicate this article to a Swiss-Indonesian couple whose child born out of wedlock. They got rejected everywhere. At the civil registry. Even at the court. I do understand your frustration. Well, the system is not attacking you. Don't take it personally.  You just have to look further. Good luck, and God speed!

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

Published in Library

What's New!

Featured Library

More Library..

Featured Blogs

 

News & Events

More News..

Copyright © Wijayaco. All Rights Reserved