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Legal Relationship between an Adopted Child and the Adoptive Parents

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Legal Relationship between an Adopted Child and the Adoptive Parents

Legal Relationship between an Adopted Child and the Adoptive Parents
Saufa Ata Taqiyya, S.H.Si Pokrol
Si Pokrol
Bacaan 10 Menit
Legal Relationship between an Adopted Child and the Adoptive Parents

PERTANYAAN

In relation to a question from our colleague regarding the provisions & policies in the acknowledgment of the rights of adopted children (foster children). Please explain, what are the legal basis and requirements as proof, that the adopted child/foster child is bound to the adoptive parents/foster parents? This is due to the welfare provisions for our employees, if any of our employees adopt children, and the children want to be registered as family members in order to obtain rights & welfare from the company where their parents work.

DAFTAR ISI

    INTISARI JAWABAN

    The relationship between the adoptive parents and the adopted child is legally recognized/acknowledged, where the adoptive parents are responsible for the care, education, and raising of their adopted child. However, it should be noted that the adoption of a child does not sever the blood relationship between the adopted child and his/her biological parents.

    Then, in order to prove the existence of a legal relationship between the adoptive parents and their adopted child, and in order to list the family members of your employees, we suggest that you may request the relevant employee to attach a copy of the birth certificate of his/her adopted child, and the court decision/stipulation regarding the child adoption.

    Please read the review below for a further explanation.

    ULASAN LENGKAP

    This article is an English translation of Hubungan Hukum Anak Angkat dengan Ortu Angkatnya which was written by Saufa Ata Taqiyya, S.H., and was published on Tuesday, 11 January 2022.

    All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

    Law on Child Adoption in Indonesia

    The adoption of children under the laws and regulations is known as child adoption. Child adoption is a legal action that diverts a child from the sphere of authority of the parents, legal guardians, or other persons who are responsible for the care, education, and raising of the child, into the family environment of the adoptive parents.[1]

    Meanwhile, an adopted child is a child whose rights are transferred/diverted from the sphere of authority of the parents, legal guardians, or other persons who are responsible for the care, education, and raising of the child into the family environment of the adoptive parents according to court decisions or stipulations.[2]

    Child adoption is aimed at the best interests of the child in order to realize child welfare and child protection, which are carried out according to local customs and provisions of laws and regulations.[3]

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    Legal Relationship between the Adopted Child and the Adopted Parents

    According to the above explanation, it can be concluded that the relationship between the adoptive parents and the adopted child is legally recognized/acknowledged, in which the adoptive parents are responsible for the care, education, and raising of their adopted child. However, it should be noted that the adoption of a child does not sever the blood relationship between the adopted child and his/her biological parents.[4]

    Then, what is the status of adopted children in the distribution of inheritance? As quoted from the article entitled Inheritance Right of Adopted Children According to Civil Law, Islamic Law, and Customary Law, the Civil Code does not specifically regulate the inheritance rights of an adopted child, however, he/she is entitled to obtain a share through a testamentary grant (p. 1).

    Meanwhile, according to Islamic law, Abdul Manan in the book entitled Aneka Masalah Hukum Perdata Islam di Indonesia (Various Issues on Islamic Civil Law in Indonesia) (p. 219) argues that adopted children are considered in the category of parties other than heirs who may receive the inheritance of the heirs based on mandatory wills. Provisions on mandatory wills of adopted children are in accordance with the provisions of Article 209 section (2) Presidential Instruction 1/1991 namely:

    An adopted child who does not receive a will shall be given a mandatory will as much as 1/3 of the inheritance of his adoptive parents.

    Proof of Child Adoption

    We assume that the 'requirements as proof' that you refer to in this question are any documents that may be required in order to prove the existence of a legal relationship between a child and the adoptive parents.

    As explained above, adoptions are undertaken according to court decisions or stipulations. Thus, a copy of said court decision or stipulation may be evidence of the legal relationship between the adoptive parents and the adopted child.

    In addition, the adoption of children must be registered in the birth certificate, without losing the initial identity of the child.[5]

    Therefore, in order to prove the existence of a legal relationship between the adoptive parents and their adopted child, in the event that in order to list the family members of your employees, we suggest, that you may request the relevant employee to enclose/attach a copy of his/her adopted child's birth certificate and the court decision on the child adoption.

    These are the answers we can provide, we hope you will find them useful.

    Legal Basis:

    1. Law Number 23 of 2002 on Child Protection as amended by Law Number 35 of 2014 on the Amendment of Law Number 23 of 2002 on Child Protection as lastly amended by Law Number 17 of 2016 on the Stipulation of the Regulation of the Government in Lieu of Law Number 1 of 2016 on the Second Amendment of Law Number 23 of 2002 on Child Protection to be a Law;
    2. Regulation of the Government Number 54 of 2007 on the Implementation of Child Adoption;
    3. The Presidential Instruction Number 1 of 1991 on the Dissemination of Compilation of Islamic Law.

    Reference:

    Abdul Manan. Aneka Masalah Hukum Perdata Islam di Indonesia. Jakarta: Kencana Prenada Media, 2006.


    [1] Article 1 number 2 Regulation of the Government Number 54 of 2007 on the Implementation of Child Adoption (“Government Regulation 54/2007”).

    [2] Article 1 number 9 Law Number 35 of 2014 on the Amendment of Law Number 23 of 2002 on Child Protection (“Law 35/2014”).

    [3] Article 2 Government Regulation 54/2007.

    [4] Article 39 section (2) Law 35/2014.

    [5] Article 39 section (2a) Law 35/2014.

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