The Notarial Perspective on Child Adoption, Child Acknowledgement, and Child Legitimation in Indonesian Law

DOI

10.2991/assehr.k.200529.258How to use a DOI?

Keywords

child adoption, child acknowledgement, child legitimization

Abstract

This study aims to determine the perspective of the notary about the regulation of child adoption, recognition and legitimacy status in Law No. 1 of 1974 concerning Marriage and Law No. 23 of 2006 concerning Population Administration and know whether there is a Notary authority in the process of adoption, recognition, and legitimacy of a child. Law No. 23 of 2006 on Population Administration contains the terms adoption of a child, Acknowledgement of a child, and Legitimization of Children. As stated in the Elucidation to Article 47 paragraph (1) of Law Number 23 of 2006 concerning Population Administration, the notion ‘adoption of a child’ means the legal act to transfer the rights over a child from his parents, legitimate guardian or another person responsible for the care, education, and raising of the child, to the adopting parents, on the basis of a decision or order of a court. With regard to the definition or restriction, the adoption of a child is a legal act with certain purposes and objectives regulated by law and has certain legal consequences, for example, the person who adopts a child will be fully physically and mentally responsible for the child. As stated in the Elucidation to Article 49 paragraph (1) of Law No. 23 of 2006 on Population Administration, the notion ‘acknowledgment of a child’ means a father’s acknowledgment of a child born out of wedlock, with the approval of the mother of the child. The acknowledgement of a child is intended to make the child have a biological father so legally civil relations will arise. The Elucidation to Article 49 paragraph (1) of Law No 23 of 2006 on Population Administration states that the one who can acknowledge a child is the father, not the mother. In other words, automatically, the child does not need to be proven that he/she is not born to the concerned mother. As stated in the Elucidation to Article 50 paragraph (1) of Law No. 23 of 2006 on Population Administration, the notion ‘legitimization of a child’ means the legitimization of a child born out of wedlock at the time the marriage between the two parents of the child is registered. Article 50 paragraph (1) of Law No. 23 of 2006 on Population Administration stipulates that the legitimization of a child must be reported by the parents to the Implementing Agency within than 30 (thirty) days of the father and mother of the child in question marrying and obtaining a marriage certificate. For a child born out of wedlock, a child acknowledgment or a child legitimization can be done. The acknowledgment of a child is only limited to the acknowledgment by the biological father who was approved by the biological mother, without being followed by the marriage of the father and mother. Nevertheless, in the legitimization of a child, the father and mother of the child are married and at the time of marriage registration, the child is acknowledged as their biological child. This legitimization of a child is a legal effort (rechtsmiddel) to provide the child with a status as a legitimate child through the marriage of the parents.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Habib Adjie
PY  - 2020
DA  - 2020/05/29
TI  - The Notarial Perspective on Child Adoption, Child Acknowledgement, and Child Legitimation in Indonesian Law
BT  - Proceedings of the Riau Annual Meeting on Law and Social Sciences (RAMLAS 2019)
PB  - Atlantis Press
SP  - 1
EP  - 5
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200529.258
DO  - 10.2991/assehr.k.200529.258
ID  - Adjie2020
ER  -