Regulations and Requirements to Adopt Indonesian Children by Foreigners - Klinik Hukumonline
Regulations and Requirements to Adopt Indonesian Children by Foreigners
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Regulations and Requirements to Adopt Indonesian Children by Foreigners

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Regulations and Requirements to Adopt Indonesian Children by Foreigners

Question

What are the regulations for the adoption by foreigners? What are the legal consequences for inheritance rights?

Key Answer

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Similar to child adoption by Indonesian citizens, the adoption of Indonesian children by foreigners is carried out through a court decision or stipulation. However, there are additional requirements, namely:

a. obtain a written permit from the government of the applicant's country of origin through the embassy or representative of the applicant's country in Indonesia;

b. obtain a written permit from the Minister; and

c. through childcare institutions.

In addition, the prospective foreign adoptive parents must also fulfill the following requirements:

a. have legally resided in Indonesia for 2 (two) years;

b. obtain written approval from the government of the applicant’s country; and

c. make a written statement reporting the development of the child to the Ministry of Foreign Affairs of the Republic of Indonesia through the local Representative of the Republic of Indonesia.

Please read the review below for a further explanation.

Full Review

This article is an English translation of Aturan dan Syarat Adopsi Anak WNI oleh WNA which was written by Tri Jata Ayu Pramesti, S.H. and was published on Monday, 5 October 2015.

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.

An adoption is a legal act 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 adoptive parents.[1]

Basically, child adoption consists of:[2]

  1. Child adoption among Indonesian Citizens (Warga Negara Indonesia/ "WNI”); and
  2. Child adoption between Indonesian Citizens and Foreign Citizens or foreigners (Warga Negara Asing/ "WNA").

According to your question, we will elaborate on the issue of child adoption in the second point above, specifically the adoption of children between Indonesian citizens and foreigners. This adoption is further divided into:[3]

  1. the adoption of Indonesian children by foreigners; and
  2. the adoption of foreign children in Indonesia by Indonesian citizens.

Therefore, in relation to your question, let us discuss the adoption of Indonesian children by foreigners.

In fact, the adoption of Indonesian children by foreigners may only be undertaken as a last resort.[4] So basically, as much as possible, the adoption of Indonesian children should be carried out by Indonesian citizens as well.

Similar to child adoption by Indonesian citizens, the adoption of Indonesian children by foreigners is carried out through court decisions or stipulations.[5] Meanwhile, the requirements and procedures for the adopted child and child adoption by foreigners are basically the same as adoption by Indonesian citizens. More details on the procedures for child adoption can be found in the article entitled Adopted Children, Procedures and Inheritance Rights.

However, there are additional requirements for Indonesian child adoption by foreigners, namely, the following requirements must be fulfilled:[6]

  1. obtain a written permit from the government of the applicant's country of origin through the embassy or representative of the applicant's country in Indonesia;
  2. obtain a written permit from the Minister; and
  3. through childcare institutions.[7]

Requirements for Prospective Foreign Adoptive Parents

There are some requirements that must be fulfilled by prospective adoptive parents, namely:[8]

  1. physically and mentally healthy;
  2. the minimum age is 30 years old and the maximum age is 55 years old;
  3. have the same religion as the adopted child;
  4. have good behavior and must have never been convicted of any crime;
  5. bound by marriage for a minimum of 5 years;
  6. not a same-sex couple;
  7. do not have or have not had children or have only one child;
  8. are economically and socially capable;
  9. obtain the child's consent and written permission from the child's parents or guardian;
  10. make a written statement that the adoption is in the best interests of the child, child welfare, and protection;
  11. have social reports from local social workers;
  12. have cared for a prospective adopted child for a minimum of 6 months, since the parenting permit was granted; and
  13. obtain a license from the Minister and/or head of the social agency.

Besides fulfilling the abovementioned requirements, prospective foreign adoptive parents must also fulfill the following requirements:[9]

  1. have legally resided in Indonesia for 2 (two) years;
  2. obtain written approval from the government of the applicant’s country; and
  3. make a written statement reporting the development of the child to the Ministry of Foreign Affairs of the Republic of Indonesia through the local Representative of the Republic of Indonesia.

Applications for the adoption of Indonesian children by foreigners who have met the requirements shall be submitted to the court in order to obtain a court decision and the court must be taken place in Indonesia.[10] In the process of the adoption license/ permit, the Minister is assisted by a Consideration Team, namely, a team established by the Minister, who is in charge of providing consideration in obtaining a permit for child adoption and whose members are representatives from the relevant agencies.[11]

The Adoption Licensing Advisory Consideration Team (Tim Pertimbangan Perizinan Pengangkatan Anak/ "Team PIPA") is a cross-agency coordination meeting forum in order to provide consideration to the Minister for the granting of licenses for child adoption which is carried out between Indonesian citizens and foreigners, or to the Governor for the granting of licenses for child adoption which is carried out between Indonesian citizens, that is done in a comprehensive and integrated manner.[12]

There are also other obligations that must be obeyed by foreign adoptive parents, namely adoptive parents must report the development of the child to the Ministry of Foreign Affairs of the Republic of Indonesia through the local Representative of the Republic of Indonesia at least once in 1 (one) year, until the child is 18 (eighteen) years old.[13]

Procedures for the Adoption of Indonesian Children by Foreigners[14]

  1. Prospective adoptive parents (Calon Orang Tua Angkat/ "COTA") shall submit an application for a childcare license/permit to the Minister of Social Affairs on a stamped paper by enclosing all the administrative requirements of the prospective adopted child (Calon Anak Angkat/ "CAA") and prospective adoptive parents;
  2. Minister c.q. The director of Child Social Services assigns Social Workers of Social Institutions to conduct prospective adoptive parents’ feasibility assessment by conducting house visits;
  3. Director of Child Social Services on behalf of the Minister of Social Affairs c.q. The Director-General of Social Services and Rehabilitation shall issue a Decree on Temporary Child Care Permit to prospective adoptive parents through the Child Care Institution;
  4. handover of the child from the Child Care Institution to the prospective adoptive parents;
  5. guidance and supervision from Social Workers during temporary child care;
  6. prospective adoptive parents shall submit an application for a child adoption license, including a statement on the motivation for the adoption to the Minister of Social Affairs, on stamped paper;
  7. home visits by the Social Workers from the Ministry of Social Affairs and Child Care Institutions to determine the development of the prospective adopted child during prospective adoptive parents’ care;
  8. The Director of Child Social Services shall discuss the results of the prospective adoptive parents’ feasibility assessment, and examine the application files/documents for the adoption in the Adoption Licensing Advisory Consideration Team;
  9. Issuance of recommendation letter from the Adoption Licensing Advisory Consideration Team on the licensing of child adoption considerations;
  10. Minister of Social Affairs c.q. The Director-General of Social Services and Rehabilitation shall issue a license for the adoption of children to be stipulated in court;
  11. if the application for child adoption is rejected, then the child will be returned to the biological parents/legal guardians/relatives, the Child Care Institution, or other alternative care in accordance with the best interest of the child;
  12. after the issuance of the court stipulation and the completion of the child adoption process, the prospective adoptive parents shall report and submit a copy to the Ministry of Social Affairs; and
  13. The Ministry of Social Affairs shall record and document the adoption of the child.

Legal Consequences of Inheritance for the Adoption of Indonesian Children by Foreign Citizens

As previously explained in the article entitled Adopted Children, Procedures and Inheritance Rights, the following are the legal consequences of child adoption:

Islamic Law:

According to Islamic law, the adoption of children does not bring legal consequences in terms of blood relations, guardian relations, and inheritance relations with the adoptive parents. He remains the heir of his biological parents and the child continues to use the name of his biological father (M. Budiarto, S.H, Pengangkatan Anak Ditinjau Dari Segi hukum, AKAPRESS, 1991).

Laws and Regulations:

In the 1917 Staatblaad No. 129, the legal consequence of the adoption is that the child legally obtains the name of the adoptive father, becomes a child born from the marriage of the adoptive parents, and becomes the heir of the adoptive parents. The meaning is, as a result of the adoption, all civil relations, which come from the descent due to birth between the biological parents and the child will be terminated.

The Religion of Prospective Adopted Children and Prospective Adoptive Parents

The important thing that we need to state regarding the adoption of children by foreigners is a matter of religion. Prospective adoptive parents must have the same religion as the religion of the prospective adopted child.[15] Further explanation can be found in the article entitled Can You Adopt a Child with a Different Religion?

Case Study of Applications for Child Adoption by Foreigners

Although the judges refused to grant it, at least there had been an example of child adoption which was applied by a foreign citizen. In the Court Decision of the District Court of Mungkid Number 62/Pdt. P/2010/PN. Mkd it is known that the applicant was a 45-year-old Singaporean citizen who has been living in Indonesia for a long time to work. The applicant has never been married, however, the applicant really craves the presence of a child in his life. Although the applicant has presented evidence and witness for the child adoption requirements, according to the court, the applicant has not fulfilled the specified requirements, which is the requirement to be bound by marriage for a minimum of 5 (five) years. In addition, child adoption by single parents may only be undertaken by Indonesian citizens. With these considerations, the court rejected the application for adoption by the applicant.

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 Amendment to Law Number 23 of 2002 on Child Protection;
  2. Government Regulation Number 54 of 2007 on the Implementation of Child Adoption;
  3. Regulation of the Minister of Social Affairs Number 110/HUK/2009 of 2009 on Child Adoption Requirements.

Court Decision:

Court Decision of the District Court of Mungkid Number 62/Pdt. P/2010/PN. Mkd


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

[2] Article 7 Government Regulation 54/2007.

[3] Article 11 Section (1) Government Regulation 54/2007.

[4] Article 5 Government Regulation 54/2007

[5] Article 11 Section (2) Government Regulation 54/2007.

[6] Article 14 Government Regulation 54/2007.

[7] Article 11  Regulation of the Minister of Social Affairs Number 110/HUK/2009 of 2009 on Child Adoption Requirements (“Regulation of the Minister of Social Affairs 110/2009”).

[8] Article 13 Government Regulation 54/2007.

[9] Article 17 Government Regulation 54/2007.

[10] Article 22 Section (1) jo. Article 24 Government Regulation 54/2007.

[11] Article 25 Section (1) Government Regulation 54/2007 and the Elucidation.

[12] Article 1 Section (12) Regulation of the Minister of Social Affairs 110/2009.

[13] Article 40 Government Regulation 54/2007.

[14] Article 46 Regulation of the Minister of Social Affairs 110/2009.

[15] Article 39 Section (3) Law Number 35 of 2014 on Amendment to Law Number 23 of 2002 on Child Protection (“Law 35/2014”) and Article 3 Section (1) Government Regulation 54/2007.

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