Legal Literacy - This article contains solutions for creating birth certificates for children born out of wedlock that will include the name of the biological father on the birth certificate.

Valid Marriage

In essence, a husband and wife relationship should be bound by a valid marriage. A valid marriage is a marriage that is carried out based on their respective religions or beliefs.

In addition, the marriage is recorded based on applicable law as regulated in Article 2 of Law Number 1 of 1974 concerning Marriage (UUP). However, practices that ignore these rules often occur in society, for example, marrying only informally or only religiously and not registering it. This will create problems when, in the marriage relationship, a husband and wife are blessed with a child. The child is not born in a valid marriage relationship as regulated in Article 42 of the UUP so it cannot be said to be a legitimate child or is referred to as a child born out of wedlock.

Moreover, the most critical condition is children born out of wedlock born to parents who have no marriage at all, so this condition needs to be discussed in this paper.

Recognition of Children Born Out of Wedlock by the State

Based on the National Population and Family Planning Agency (BKKBN), more than 50 thousand children have early marriages due to premarital pregnancies as of January 2023. This figure shows a tension between the rules and the facts, which creates a dilemma regarding civil rights for children who are born, so the state should provide protection for children born out of wedlock. The form of state recognition needs to be seen in Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, a right of recognition packaged as a human right. More specifically, every child has the right to receive protection from discriminatory actions so the state must guarantee this as regulated in Article 4 of Law Number 23 of 2002 concerning Child Protection (UUPA).