Application for the Registration of Out-of-Wedlock Child Recognition Without Parental Marriage

Abstract

Recognition of an unmarried child is a legal act that establishes a civil relationship between the biological father and the child, with significant legal consequences. Courts frequently receive applications from fathers seeking to recognize an unmarried child as legitimate, both in situations where the parents have been married and where no marriage has occurred. This study aims to analyze the regulation and recording of the recognition of extra-marital children born without marriage between their parents, referencing the Civil Code, Population Administration Law, and Constitutional Court Decision Number 46/PUU-VIII/2010. The research specifically examines the judges' legal considerations in the Malang District Court Determination Number: 551/PDT.P/2022/PN.Mlg. The study employs a doctrinal research approach, utilizing data obtained from literature studies to conduct an analytical review. The findings reveal that the judge's legal considerations and determination in granting the application were not in accordance with the applicable laws and regulations. This highlights the need for greater adherence to legal principles and consistency in judicial decision-making. The implications of this research underscore the importance of comprehensive legal frameworks and judicial prudence in addressing cases of child recognition, contributing to more equitable legal practices and the protection of the rights of all parties involved.