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  • Having a baby...Canadian male Indonesian woman

    After reading through 100s of post on Marriage, Children and Visa's/Working. I thought I'd asked a question to the group based on my particular case.

    Seemingly there are a lot of possible scenarios to consider. We have made no moves as of yet on how to proceed. We both agree that it is the child who we want to consider as our priority.

    As I said , I am a Canadian having lived the tourist visa / extension routine for over a year in Indonesia and she is Indonesian. We are not married but are very happy to do so but we are unsure about the benefits it offers. She is Muslim on paper and I am Catholic per say. Non issue for Canadians. We want to both sign the child's registrations papers in Indonesia and in future in Canada.


    Should we marry ? What's best for the child in the Indonesians governments eye's. ?

    Can or should we both sign the child's birth certificate / registration with or without being married ?

    Should we leave Indo and have the baby in Canada..... ? We would prefer to remain in Indonesia.

    Thanks

    Mom and Dad to be ................ Didn't think this was suppose to be so complex.....

  • #2
    If you wish to remain in Indonesia, it is better to get married and register your marriage in Indonesia before the child is born so that you can be written down as the child's father on the birth certificate.

    This will also enable your child to enjoy double citizenship until he turns 18 or so at which point the Indonesian government will ask him to chose a nationality.

    Another advantage of getting married is that you will not have to do the tourist visa extension dance anymore as your wife will be able to sponsor you for a 1 year stay permit called ITAS (often referred to as KITAS) which is renewable. After 2 years of spouse sponsored ITAS, you are eligible for an ITAP which is the same but valid 5 years instead.

    FOr the marriage, you have 2 options:
    1. Muslim marriage: you need to convert first and then will have to register your marriage at the KUA office. You can marry in Indonesia.
    2. Interfaith marriage: Interfaith marriages cannot be done in Indonesia. You will need to marry overseas and then register your marriage in Indonesia at the Catatan Cipil office.

    This is it in a nutshell.

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    • #3
      To answer more specifically about what happens if your child is born out of wedlock: it will be much more difficult to have your name as the father of your child on his birth certificate. Indonesia is old fashioned like that administratively speaking.

      You can imagine how having your name as his father on his birth certificate is of the utmost importance for the child:
      - if anything happens to your wife, you will be his legal guardian
      - in case of separation/divorce, you will have a legitimate claim on the child
      - your child will enjoy double citizenship until he is an adult which will help a lot with traveling, studying abroad, etc


      If your child is born in Indonesia, you must be married first.
      Last edited by El_Goretto; 03-04-16, 08:17.

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      • #4
        Originally posted by sailorguy View Post
        (1) ... it is the child who we want to consider as our priority ...
        Should we marry ? What's best for the child in the Indonesians governments eye's. ?

        (2) Can or should we both sign the child's birth certificate / registration with or without being married ?

        (3) Should we leave Indo and have the baby in Canada..... ? We would prefer to remain in Indonesia ...

        I agree with El_Goretto . Just saying in other words :

        (1) Indonesian Law makes things difficult for a child born out of a marriage . According to the Marriage Law (UU no.1 , year 1974) , if you don't marry your child will be officially related only to the mother (the child birth certificate will not state the name of the father) .
        Also , according to the Citizenship Law (UU no.12 , year 2006) , your child will have only the Indonesian citizenship (if someway you get your citizenship for the child , the child will lose the Indonesian citizenship) .

        Pasal 43 , UU no.1/1974
        (1) Anak yang dilahirkan di luar perkawinan hanya mempunyai hubungan perdata dengan ibunya dan keluarga ibunya .


        (2) In Indonesia , only if you are married you will be the father in the child's birth certificate .

        (3) Maybe in Canada you can get your name in the child's birth certificate , but if this result in giving your citizenship to the child , the child will need an Indonesian Visa to come to Indonesia (as I said in (1) above the child will lose the Indonesian citizenship) .


        -------------------------------------------------------

        By the other hand , if you marry (in Indonesia or abroad) before the child's birth , then according to Indonesian Laws : the child will have you as the father , and can get both citizenship (Indonesian & Canadian) ; after 21 years old if the child chooses to be Canadian , he/she will also have Indonesian Visa & work privileges .

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        • #5
          Thank you Marcus and El Goretto..... it is much appreciated. Now we have to figure out an interfaith solution ...Thanks again...
          [SIZE=6]Terimakisah
          [/SIZE]
          [SIZE=6][/SIZE]

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          • #6
            Originally posted by sailorguy View Post
            Thank you Marcus and El Goretto..... it is much appreciated. Now we have to figure out an interfaith solution ...Thanks again...
            [SIZE=6]Terimakisah
            [/SIZE]
            There are existing threads, on getting married in Bangkok, which seemed the easiest to me. Don't wait too long, as some airlines will only let you fly until 6-7 months.
            Last edited by Jaime C; 04-04-16, 02:06.
            Sasa Bule is having a bayi!

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            • #7
              I forgot to tell you that , if staying single is very important to you , then you still have the option to request (in an Indonesian Court) that you be stated as the father & the child getting the right to dual citizenship . It will probably need a DNA test and it may be expensive , but possible as there is already a positive decision of the Indonesian Constitutional Court related to this child's right .

              Comment


              • #8
                Originally posted by sailorguy View Post
                ... Now we have to figure out an interfaith solution ...
                The cheapest solution is one of you to convert to the other's religion and marry in Indonesia . The easiest solution would be you becoming a Muslim (only in the paper) as many did .

                Originally posted by Jaime C View Post
                There are existing threads, on getting married in Bangkok, which seemed the easiest to me...
                http://www.livinginindonesiaforum.or...y-and-religion (marrying in Bangkok)
                Last edited by marcus; 03-04-16, 19:55.

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                • #9
                  Thanks again to all those that replied

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