The problem of children outside of marriage recently is to be an interested conversation in the middle of discussion between legal norm, religion and human rights. In a religious perspective, the issue of children outside of marriage has been determined, which is related to civil matters with his mother. Meanwhile, civil relationship with her mother-in human rights perspective-will only cause distress to the child's him/herself because someone who has a lot of wealth and power over is husband. In addition to to civil relationship with the mother, it will only cause the husband abuse the mother. Therefore, the constitutional court's decision that states children outside of marriage also have a civil relationship with their father is also a new breakthrough that gives a sense of justice.