BIRTH CERTIFICATE CHILDREN OF MARRIAGE

Status of illegitimate children become problematic when the child in question started growing up, entered the social networks of life and requires a piece of paper called a birth certificate for a variety of purposes such as, the requirements to go to school, applying for jobs, manufacture passport, the maintenance of family allowances, maintenance of inheritance rights, insurance arrangements, and carry out registration of marriages. Based on Law No. 23 Year 2006 concerning Population Administration, the terms of the issuance of a birth certificate is (1) a certificate of birth (2) photocopy of Marriage Certificate / Deed Marriage of parents that have legalized the authority (3) copy of ID and  family card parents, and (4) present two witnesses with a minimum age of 21 years. In the absence of such requirements the Department of Population and Civil Registration is not authorized to issue a birth certificate of a child. The Law No. 1 of 1974 Article 43 paragraph (1) states, children born outside marriage has only a civil relationship with her mother and her mother's family.

Child out of wedlock, practically born without the legality of the marriage laws of both parents, who do not have a valid marriage bond and which certainly does not have a Marriage Certificate or Certificate of Marriage. In such cases a birth certificate a child out of wedlock will be written: "the son of a woman ', without specifying the names of the father and become a tragedy for children everywhere. No kid ever wants to be born into the world without a civil relationship with a father, because nobody pregnant women gave birth without the presence of a man. Each child will be asked about the origin and identity, who the mother who is also his father? Children born outside of marriage is not to bear sin that must be punished by losing the right to include the name of the father on the birth certificate. Nobody expects a tragedy.

While the "tragedy" continues until ask lawsuit judicial review of Law No. 1 of 1974 by Machica Mochtar, because the son is 14 years old and can not include the name of the biological father to the deed of the Nativity, the father in question is deceased Moerdiono, Secretary of State in the era of President Soeharto. Complaints represent innumerable of the same case and had never lifted to the surface and eventually missed out on a Friday morning, February 17, 2012, when the Constitutional Court ruled, an important decision and revolutionary that "children born out of wedlock have links civil with her mother and his mother's family as well as with men as a father who can be proved by science and technology and/or other evidence according to the law have blood relations, including civil relations with his father's family. " This decision has been socialized at the Working Meeting of National at Red Top Jakarta, on 23 to 24 February 2012 attended by the Regent, the Chairman of the Regional Representatives Council, Head of Department of Population and Civil Registration as well as the Head of the Civil Registry of 33 provincial and 497 district/city and got a warm welcome, especially from the mother.

Given that the decision means that all children born of an extramarital affair formal included Siri marriage, infidelity, and living together without marriage are entitled to a birth certificate with the name of his father. One unresolved issue, however, does not mean that the decision of the Constitutional Court to justify or legalize informal relationships outside marriage resulting in the born child. Official marriage remains an institution that is required for the good of all parties.

Concerning technical publishing Birth Certificates for children out of wedlock by stating the name of the father, it is necessary to wait through the time span until the new requirements implemented in the legislation then socialized. A birth certificate for the child outside marriage status will be issued after the meet specific requirements established by law. Although child out of wedlock is entitled to a birth certificate in a civil relationship with her father, but do not ever think of having children outside of marriage, because of the risks that must be faced to be very complex. Needs a child instead of a birth certificate to include the father's name alone, but the legality of the marriage of the parents, the existence of mothers and fathers in family life that is prosperous, capable of being a bulwark in protecting the growth and physical and mental development to become mature adults.