What Happen When Couples Agreed to Legalize the Child Born Out of Wedlock in Indonesia

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!

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About the Blog

Welcome to my blog! My name is Asep Wijaya. I am an attorney. I love what I do, I do what I love: being a lawyer. I am passionate about my work. I am always looking for some solutions to come up with for any legal problems of my clients. This blog is about my passion to the works I have been doing regarding legal issues in family and matrimonial law. Postnuptial agreement is one of the solutions available for married couple to proactively address their concerns.

People write postnup for so many reasons. Not only because they don’t have a prenup in the first place, but the idea of having a property separation contract during the course of marriage will enable them to keep up with the issues in their marriage. Over the passage of time, the relationship can often change in many unpredictable ways.

In Indonesia, people know more about prenups than postnups. Maybe because postnups are often held up to greater scrutiny in court, or maybe because prenups literally governed by the Marriage Law. Well, seeing is believing. Those things make postnups are not so popular. They keep to themselves. They mean you no harm. On the other hand, more and more people come to the conclusion that a postnuptial agreement is a necessity. Keep reading this blog, and I will make you believe in the postnups as well as you believe in the prenups.

Asep Wijaya

Asep Wijaya is a family attorney in Indonesia. He works with international clients exclusively for civil cases involving more than one legal system.