Status Hukum Anak Adopsi Tanpa Putusan Pengadilan Terlebih Dahulu

Abstract

Adopting children is done by married couples due to having no offspring and less happiness in the household. But sometimes not everything in the process of child adoption is carried out according to the applicable positive law, some carry it out according to customary rules only. However, this is not enough because it creates legal uncertainty for children. After all, the rule of customary law varies depending on each region. This research uses normative methods with a statute approach regulatory approach and is supported by primary legal sources. This study tries to look at the legal status of children adopted by previous court decisions, what legal consequences arise, and to see differences in legal certainty through court decisions and only with customary rules. So it concludes that the adoption of a child in the court's decision will first cause legal uncertainty for both the child and the adoptive parents, the issue of inheritance distribution, the problem of the child's guardian when married later, and the legal force becomes weak.