Legalitas Anak di Luar Perkawinan Ditinjau dari Kasus dan Hukum Positif Nasional Indonesia

Abstract

The discussion in this study is how the status of children born out of wedlock according to positive law and the process of legality of children born out of wedlock according to positive law. The research method in this research is normative using a statutory approach and a conceptual approach. The research method used is literature by examining laws and regulations, law journals, law books related to the problems in this study. The results of the study show that the status of children out of wedlock in the marriage law only has civil relations with the mother and the mother's family, whereas in the Civil Code children out of wedlock do not have civil relations with both the father and mother, in order to have civil relations with both parents, the person biological parents must make a confession of the child before the legalization of the marriage or when the legalization of the marriage is carried out legally. The process of legalizing children can be carried out when the parents' marriage is legalized as well as legally recognizing the child, so that after the marriage confirmation the parents can make a child's birth certificate which includes the names of the father and mother which results in the child's status becoming a legitimate child.