The child was born out of wedlock, she/he has no legal relationship with you as the father. Only with her/his mother and her family. In order to establish legal relationship between the child and you, you need first to acknowledge the child by entering into a Paternity Affidavit. Marrying the child’s mother is a benefit for the case. In order to legalize the child, you must acknowledge the child as your flesh and blood, and get the mother to consent it. A DNA test is a statutory requirements and therefore is highly recommended. Furthermore, you need to supply supporting documents such as a. Copy of your passport, and KITAS, if applicable; b. Copy of your wife's KTP, family card (so called “Kartu Keluarga), and copy of your wife’s birth certificate; c. Child's birth certificate; d. Your marriage certificate.
In order to give you a big picture of the case, you're stuck between the two legal system for Moslem and Non Moslem in Indonesia. Let me explain this to you. Private law in Indonesia has two major system: Moslem and Non Moslem. For Moslem individual, their private laws are mainly subject to Islamic Compilation Law, and also 1974 Marriage Law. Their marriage registered with KUA, but the birth of the child registered at Civil Registry. Their divorce processed at Religious Court. For Moslems, they don't recognized out of wedlock child. On the other hand, Non-Moslem individuals, their private laws are mainly subject to Civil Code, and some national enacted laws such as 1974 Marriage Law. Their marriage registered with Civil Registry. The birth of the child registered at the Civil Registry as well. Their divorce processed at a district court. For Non-Moslems, they recognized out of wedlock child. They legalize the child born out of wedlock within the marriage of the parents, if the marriage is a scenario. If the marriage was not a scenario, they recognized child acknowledgment. The father acknowledge the child as his flesh and blood, and the mother consent it.
You see why you're hitting the block? You are in between of two legal systems of private laws. The correct way to solve the case is to get marriage legalization. But the court rarely approve that because they think marriage legalization entertains bigamy in Indonesia. Therefore, the only legal way to solve this issue is by getting child legalization. This is not only about legalizing what the facts are. This is about getting you legalized as the couple married in Moslem, and have the baby legalized and getting your name on the birth certificate even though he/she was born before the marriage of the parents.
I hope you've got the whole big picture of the limbo where you're stuck in. The legal systems are the implementations of Indonesia as the most Moslems populous country, and its accommodation of other individuals with different religions. The Indonesian laws are the mirror of our people and its varieties.
I am 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.