Child born out of wedlock in Indonesia has only legal relationship with its mother, and her family. This situation reflects in the child's birth certificate where you won't see the father's name on it. Without the marriage to the mother, the alleged father will not be able to retrieve custody privilege.
Apart from the marriage, the father may also acknowledge the child in order to create relationship with the child. The father must acknowledge the child as his flesh and blood. According to Article 280 of Civil Code that stipulates the acknowledgement of a natural child creates a civil relationship between that child and his father or mother. At Wijaya & Co, we always pay attention to details of our client’s case.
The father's acknowledgement requires consent from the biological mother, otherwise it won't be legal. This is a statutory requirement as set-out by the prevailing laws. So, you know, it takes two to tango!
On another subject, you need to perform a DNA test too. This is to prove the child is yours, scientifically. The evidence that created according to the science and technology, and shall be required by the court in order to legalize the child born out of wedlock in Indonesia. Make sure you get the right version of DNA test, not the otherwise. The court may not accept your application just because you have incorrect test results.
Under the latest enforcement from the Constitutional Court in Indonesia, a marriage is not required to gain custody privilege of a child. You need to acknowledge it only, and get a court approval before your acknowledgment is legal recognized. Participation of the child's mother is required. If you're not in good terms, you need to talk to her and get her to sign the consent papers. You need to make her happy. This is the only way. Courtesy of nine months pregnancy.
We have a lot of portfolio in this case. We have high successful rate in getting legalization of child born out of wedlock in Indonesia. Talk to me or email me. I am happy to help. Please contact me should you wish to discuss any further about this.
Our thanks to Mr. Asep Wijaya of Wijaya & Co for sharing this article!