Inheritance of illegitimate children who are recognized as legitimate and which are not recognized as legitimate

Abstract

Through marriage, it is hoped that offspring, namely children, will be born. However,
children are not always born from a legal marriage; many phenomena occur in society
where children are born outside of marriage. This study examines the position of
children outside of marriage in inheritance according to the Civil Code. The research
method used is normative juridical, namely reviewing laws and regulations and
literature studies. The results of the discussion in this study are that illegitimate children
who are recognized according to the Law can inherit from their parents who
acknowledge them and also from their parents' blood relatives, however, in terms of
inheriting from their parents' blood relatives, the possibility for these illegitimate
children is very small. The Constitutional Court Decision Number 46/PUU-VIII/2010,
which is also part of legal reform, so that the child also has a legal relationship with his
biological father if it can be proven based on scientific knowledge, technology and/or
other evidence according to law. Recognition of an illegitimate child is very important
for a father to do in order to create a civil relationship between the child and his father,
while for the mother, according to Article 282 paragraph 2 of the Civil Code, which states
that even a daughter who is not yet an adult is allowed to acknowledge her illegitimate
child.