Keywords: Legal Status, Civil Affairs, Illegitimate Children



The purpose of writing this thesis is to analyze the legal position or status of illegitimate children from a Civil Law perspective and to analyze whether or not illegitimate children have the right to inherit from their biological father. Theoretically, the results of this research can contribute ideas to society in understanding the legal position of illegitimate children in the concept of civil law. Practically, it can be used as a basis for thinking in terms of the legal position of illegitimate children in the concept of civil law.


The first research result obtained is that the position of illegitimate children in the perspective of civil law is divided into 2 (two), namely in the broad sense, namely including children born outside of marriage, including adulterous and incestuous children and illegitimate children in the narrow sense, namely children who born outside a legal marriage, excluding adulterous children and incestuous children.

The second research result is that illegitimate children who have received recognition from their biological father have the right to inherit from their biological father based on Constitutional Court Decision Number 46/PUU-VIII/2010 which decides that Article 43 Paragraph (1) of the Marriage Law which must then be read with "children born out of wedlock only have a civil relationship with their mother and their mother's family and with a man as their father who can be proven based on science and technology and/or other evidence according to law to have a blood relationship, including a civil relationship with their father's family ”. However, the division measurement still refers to the Civil Code