Legal Certainty Of Inheritance For Illegitimate Children Who Are Recognized As Legitimate By Their Biological Parents

Abstract

The birth of a child out of wedlock has a big and broad influence on whether or not they get an inheritance, therefore they must get legal protection in order to get clarity regarding their position and distribution of inheritance. The aim of this research is to analyze: 1). Legal status obtains inheritance rights for illegitimate children who receive legal recognition from their biological parents. 2). Legal protection obtains inheritance rights for illegitimate children who receive legal recognition from their biological parents. The approach method used in this research is normative juridical and is supported by empirical juridical. The research specifications used are analytical descriptive. This type of data uses primary data obtained through literature study. The data analysis method used in this research is descriptive analysis. The research results were concluded: 1). The legal status of illegitimate children who receive legal recognition from their biological parents to obtain inheritance rights is that they still have the right to inherit, illegitimate children who are recognized have the right to receive a testamentary gift as long as the gift does not harm other heirs and is in accordance with the provisions stipulated by law. Wirjono Prodjodikoro said that if an illegitimate child wants to receive legal recognition from his biological father, it must be based on recognition and a court decision. After receiving recognition and determination from the court, the illegitimate child has a civil relationship with his biological father and becomes an erfgenaam or legal heir according to law and statute and has the right to inherit from his biological father. 2). Legal protection for illegitimate children who receive recognition from their biological parents to obtain inheritance rights is that after the Constitutional Court (MK) Decision Number 46/PUU-VIII/2010 the heirs have the right to file a court lawsuit to obtain their inheritance, of course this must be supplemented by concrete evidence. confirmed having a blood relationship with the deceased heir. Examples include a DNA test letter from a forensic doctor and a court decision confirming the DNA test letter.