For mixed-nationality couples in Indonesia — where one parent is a foreign national and the other is Indonesian — the question of how to register a child’s birth can have far-reaching legal consequences. One option permitted under Indonesian law is to designate the father as “unknown” on the birth certificate. While this may seem like a practical shortcut, it carries serious long-term implications for the child, the foreign father, and the Indonesian mother. This article explains the law, the trade-offs, and what has changed in recent years.
Generally the “father unknown” designation is seen as a way to avoid paying for a child’s visa and passport, and to avoid the child being deported when the father — a foreign national — finishes his job contract in Indonesia. There may be an appropriate application of this for Indonesian parents, but with expatriate-Indonesian marriages and relationships, this designation can cause many legal problems down the road for the husband, wife, and child.
The Law
The legal basis for birth registration and citizenship in Indonesia has been substantially updated in recent decades. The primary legislation governing Indonesian citizenship is now Law No. 12 of 2006 on Indonesian Citizenship, which replaced the earlier Act 62 of 1958. The citizenship principles described in this article derive from that 2006 law and its implementing regulations. Readers with specific legal questions are strongly encouraged to seek advice from a qualified Indonesian family law practitioner, as procedures and their local implementation can vary.
The “father unknown” designation on a birth certificate relates to the grant of Indonesian citizenship for children born to an Indonesian mother where the father’s nationality is absent or unknown. The relevant principle, drawn from the earlier 1958 legislation and carried forward in spirit into the 2006 law, reads:
“orang yang pada waktu lahirnya ibunya warga negara Republik Indonesia, jika ayahnya tidak mempunyai kewarganegaraan, atau selama tidak diketahui kewarganegaraan ayahnya;”
In English: “a child who at the time of birth had an Indonesian mother, whose father has no citizenship or whose citizenship remains unknown” will be an Indonesian citizen.
Be careful if you are considering being less than truthful about this, because in the future the citizenship could be declared void from the outset if the deception is discovered.
A much better way to ensure a child’s Indonesian citizenship is to take advantage of the provision which reads:
“orang yang pada waktu lahirnya ibunya warganegara Republik Indonesia, apabila ia pada waktu itu tidak mempunyai hubungan hukum kekeluargaan dengan ayahnya”
Or, in English: “a person who at the time of their birth their mother was an Indonesian citizen and did not have a legal family relationship with the father.”
In that situation, the father can be known and even written on the birth certificate quite openly. The father should not sign that certificate, however. It applies, for example, if the father is not legally married to the mother at the time of birth, when the only legal relation is between mother and child, even though the father is known. See Article 43 of the Marriage Act, which provides:
“A child born out of wedlock shall only have a civil relationship with his/her mother and her relatives.”
It is worth noting that in February 2012, the Indonesian Constitutional Court issued a significant ruling (Decision No. 46/PUU-VIII/2010) that modified the interpretation of Article 43. The Court ruled that children born outside of marriage have civil rights in relation to their biological father, provided paternity can be proven through scientific or other evidence. This does not automatically create legal paternity, but it does mean that a foreign father listed as “unknown” may, in certain circumstances, have limited legal avenues to establish a relationship with the child through court proceedings. This is a nuanced and complex area, and current legal advice is essential.
If you are already legally married, then neither of the “father unknown” options provides a solution, because the 1974 Marriage Law will deem the child to be the child of the husband, unless it is proven in open court that the child is the product of adultery. And then you really will be weaving a tangled web.
The Dual Citizenship Option
This is the most important development for mixed-nationality families that was not available when this topic was first written about. Law No. 12 of 2006 on Indonesian Citizenship introduced a form of limited dual citizenship for children of mixed marriages — where one parent is Indonesian and the other is a foreign national. Under this provision, such a child may hold both Indonesian citizenship and the citizenship of the foreign parent simultaneously, until the age of 21, at which point they must formally choose one citizenship to retain.
This option potentially removes the central dilemma described elsewhere in this article — the perceived need to choose between securing Indonesian citizenship through the “father unknown” designation and preserving the child’s entitlement to the father’s nationality. If properly registered at birth and the relevant declarations are made to the Indonesian immigration authorities, the child can hold both nationalities during childhood and make a formal election upon reaching adulthood.
The process for registering this dual citizenship status involves both the Indonesian civil registry (Dinas Kependudukan dan Pencatatan Sipil) and a formal declaration to Indonesian immigration authorities. Requirements and procedures have evolved since the 2006 law came into force and can vary between cities and regional offices, so current advice from a reputable Indonesian family law practitioner or your relevant foreign embassy is strongly recommended before making any decisions about birth registration.
Families should explore this dual citizenship pathway before defaulting to the “father unknown” designation. In many cases, it is no longer necessary to make the stark choice that earlier generations of mixed-nationality couples faced.
Pros
There is one recognised advantage for the child of a foreign father and Indonesian mother where the “father unknown” designation is used. A child born to an Indonesian mother with “father unknown” on the birth certificate is an Indonesian citizen. It is therefore not necessary to obtain a foreign passport and ITAS visa for the child to live in Indonesia with its Indonesian mother and foreign father.
The “father unknown” status also allows the mother to keep the child living with her in Indonesia, and to avoid the child being deported, should the foreign father leave Indonesia after finishing his work contract.
If the marriage breaks up and the Indonesian mother stays in Indonesia with the child, as long as the status on the birth certificate is “father unknown”, she will not face the expense or paperwork of visa or foreign passport requirements for her child.
It is worth noting, however, that the introduction of limited dual citizenship under the 2006 law means that in many cases it is no longer necessary to choose between the child’s Indonesian citizenship and their entitlement to the father’s nationality. Families should explore this option before deciding on the “father unknown” route.
Cons
The rights of the foreign father are drastically, or completely, denied if the child is listed as “father unknown” on the Indonesian birth certificate. The child can never hold a foreign passport, nor live in the father’s country without applying for a visa. This designation gives the Indonesian mother complete custody and civil rights over the child. The real father will have no legal rights in Indonesia with respect to the child under Article 43 of the Marriage Law.
The “father unknown” designation also denies the father custody rights should the marriage fail, because legally he is not the father. Should the father wish to assume custody of the child after the marriage dissolves, he will have no legal basis for custody and cannot take his child out of the country with him when he leaves.
Since the 2012 Constitutional Court ruling, a foreign father who has been listed as “unknown” may have limited legal avenues to attempt to establish paternity through court proceedings if he can provide scientific evidence of the biological relationship. However, this is a difficult, expensive and uncertain process. Prevention — through correct registration at birth — remains far preferable to litigation after the fact.
Choices
The indication of child parentage on the birth certificate is a personal choice. However, we recommend that you consider all the possible future repercussions of not having a foreign passport for your child, long before it becomes an issue. The dual citizenship provisions introduced in 2006 mean that families today have more options than were available a decade or two ago, and taking the time to understand those options fully — with proper legal advice — is always worthwhile.
Stories from the Community
An Australian man, married to an Indonesian woman, had a child. They chose, for expediency and to save money and hassle, to obtain only the Indonesian birth certificate and a letter from the Australian government acknowledging that the child has an Australian parent.
Several years later, the marriage was failing and the Australian father was at the end of his work contract and had to leave Indonesia. He had never obtained an Australian passport for his child at birth. Australian regulations require both parents to sign a child’s passport application, and because the marriage was failing, the wife would not sign, knowing that the father would take the child out of the country.
Due to this lack of foresight in obtaining the Australian passport when the child was born, the father lost access to his child and was unable to gain custody or take his child to Australia when he left Indonesia.
For current Australian passport requirements for children born overseas, including situations where parents are separated or in dispute, refer to the Australian Passport Office at www.passports.gov.au and verify the current requirements directly, as procedures in this area are updated periodically.
If you have other experiences or information on this subject, please share them with us so that we can incorporate them in the article to help others through this difficult decision.
Frequently Asked Questions
What does “father unknown” mean on an Indonesian birth certificate?
“Father unknown” is a legal designation permitted under Indonesian law that records the father’s identity or citizenship as unknown at the time of the child’s birth. In the context of mixed-nationality families, it is sometimes used to secure Indonesian citizenship for the child and to avoid the cost and complexity of obtaining a foreign passport and visa. However, it carries significant legal consequences, particularly for the foreign father, and should not be chosen without careful consideration of the long-term implications.
Can a child born in Indonesia to a foreign father and Indonesian mother hold dual citizenship?
Yes, in many cases. Law No. 12 of 2006 on Indonesian Citizenship introduced a limited dual citizenship provision for children of mixed marriages. Such a child may hold both Indonesian citizenship and the citizenship of the foreign parent until the age of 21, at which point they must formally elect one citizenship to retain. This provision has made the “father unknown” designation unnecessary in many situations where it was previously used to secure Indonesian citizenship. Families should seek current legal advice on how to register and maintain this dual citizenship status, as procedures vary by location.
Does a foreign father have any legal rights over a child registered as “father unknown” in Indonesia?
Under Article 43 of the 1974 Marriage Law, a child born outside of wedlock has a civil relationship only with the mother and her relatives. A foreign father listed as “unknown” on the birth certificate therefore has no automatic legal rights over the child in Indonesia. However, following the 2012 Constitutional Court ruling, a biological father may in certain circumstances be able to establish a legal relationship with the child through court proceedings if paternity can be proven scientifically. This is a complex and difficult process, and families should seek specialist legal advice.
What happens to a child listed as “father unknown” if the parents’ marriage breaks down?
If the marriage breaks down, a child registered as “father unknown” remains legally the child of the mother only under Indonesian law. The foreign father has no legal basis for custody and cannot remove the child from Indonesia. The child also cannot obtain the father’s nationality or travel on the father’s passport. The Indonesian mother retains full legal custody and the child continues to live in Indonesia as an Indonesian citizen without visa complications.
Is it possible to correct an Indonesian birth certificate to add the father’s name later?
This is a common question, and the short answer is that it is possible in some circumstances but can be a complex and lengthy process involving the civil registry (Dinas Kependudukan dan Pencatatan Sipil) and potentially a court order. The specific requirements depend on the circumstances of the birth, the parents’ marital status, and the regional office involved. Anyone wishing to pursue this should consult a qualified Indonesian family law practitioner and contact their local civil registry office for current procedural requirements.
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