My husband and I are American Citizens and have been married for 6 years. During our marriage, we have not been blessed with children. My husband and I have been working and living in Indonesia for 4 years. We intend to adopt a 3-year-old boy who has been abandoned by his parents. We found out about the child from a friend who happens to be the uncle of the child. At the end of 2017, our tenure in Indonesia will end and we plan to return to America with the child. Since February 2014, the child has been living and being taken care of in our home.
Based on the information we got, adoption can only be done through the organization called Sayap Ibu. Is this true? What are the requirements that we must fulfill in order to adopt the child?
DAFTAR ISI
INTISARI JAWABAN
The adoption of Indonesian children by foreigners must be done through childcare institutions that have been appointed by the Ministry of Social Affairs, one of which is Yayasan Sayap Ibu.
Please read the review below for a further explanation.
All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.
Thank you for your question.
Definition of Adopted Child
For your information, according to Article 1 number 9 Law 35/2014, the definition of an adopted child is as follows:
"Adopted Child" is to mean a child over whom rights have been assigned by his parents, lawful guardians, or such other persons as may have the responsibility in respect of the child’s upkeep, education, and upbringing to adoptive parents pursuant to a decision or ruling of the court.
Belajar Hukum Secara Online dari Pengajar Berkompeten Dengan Biaya TerjangkauMulai DariRp. 149.000
Based on the above understanding, it can be concluded that the definition of an adopted child is to transfer a child from the authority of his biological parents into the authority of his adoptive parents, to be maintained and treated as his own biological child, so that by itself the adopted child has the same rights and position as a biological child.
Adoption of Indonesian Children by Foreigners
Referring to the information you provided, we assume that the prospective child to be adopted (prospective adopted child) is an Indonesian Citizen child. Therefore, child adoption in this case is categorized as a child adoption between an Indonesian Citizen and a foreign citizen.[1]
Child adoptions between Indonesian Citizens and foreigners must be carried out through childcare institutions that have been appointed by the Ministry of Social Affairs. This is as regulated in the provisions of Article 11 jo. Article 42 section (1) Minister of Social Affairs Regulation 110/2009 as follows:
Article 11
Child Adoption between Indonesian Citizens and Foreign Citizens as referred to in Article 9 letter b, is only carried out through a Child Care Institution.
Article 42 section (1)
The prospective adopted child in the case of the adoption of an Indonesian child by prospective adoptive parents who are foreign citizens must be in a Childcare Institution.
Referring to the above provisions and based on our experience, one of the childcare institutions appointed and cooperating with the Ministry of Social Affairs in relation to this adoption is Yayasan Sayap Ibu.
Requirements for the Adoption of an Indonesian Child by a Foreigner
It is important to note that the adoption of an Indonesian child by a foreigner is done through a court decision.[2]
There are 2 (two) requirements that must be fulfilled by prospective adoptive parents related to child adoption, namely material requirements and administrative requirements:[3]
Material Requirements
Prospective adoptive parents must fulfill the following requirements:[4]
Physically and mentally fit and able to take care of the prospective adopted child;
Be at least 30 years old and at most 55 years old at the time the prospective adoptive parents apply for child adoption;
Have the same religion as the prospective adopted child;
Be of good behavior and have never been convicted of a crime;
Be legally married for at least 5 (five) years;
Not a same-sex couple;
Does not or has not had children or only has one child;
Is economically and socially capable;
Obtaining the consent of the child, for children who are able to express their opinion;
Make a written statement that the adoption is for the welfare and protection of the child and in the best interests of the child;
Make a written statement that they will and are willing to report the child's progress to the Indonesian Ministry of Foreign Affairs through the local Indonesian representative every year until the child reaches 18 years of age;
In the event that the prospective adoptive child is taken abroad, prospective adoptive parents must report to the Department of Social Affairs and to the nearest Representative of the Republic of Indonesia where they live immediately after arriving in the country;
Prospective adoptive parents are willing to be visited by the local Representative of the Republic of Indonesia to observe the child's development until the child is 18 years old;
There is a social report from the Social Worker of the Provincial Social Agency and the Social Worker of the Childcare Institution;
Has cared for the prospective adopted child for at least 6 (six) months, since the foster care license was granted;
Obtain written permission from the government of the prospective adoptive parents’ home country through the embassy or representative of the prospective adoptive parents’ country;
The prospective adoptive child is in a childcare institution;
Has resided in Indonesia legally for 2 (two) years;
Obtained a child adoption license from the Minister of Social Affairs to be determined in court.
Administrative Requirements
Prospective adoptive parents must fulfill the following requirements:[5]
Health certificate of prospective adoptive parents from a Government Hospital;
Health certificate from a Government Mental Specialist Doctor stating that prospective adoptive parents do not experience mental health disorders;
Certificate on the function of prospective adoptive parents’ reproductive organs from an Obstetrician and Gynecologist specialist at a Government Hospital;
Prospective adoptive parents’ birth certificate legalized by the country where the letter was issued;
Copy of passport and Limited Stay Permit Card (Kartu Izin Tinggal Terbatas/ “KITAS”) and Permanent Stay Permit Card (Kartu Izin Tinggal Tetap/ “KITAP”); and certificate of residence;
Copy of ID card of the prospective adoptive child’s biological parents and/or copy of family card of the prospective adoptive child’s biological parents and/or religious identity certificate of the prospective adoptive child’s biological parents and/or court decision on the religion of the prospective adoptive child;
Certificate of Police Record of prospective adoptive parents from the Headquarter of the Indonesian National Police;
Copy of marriage certificate legalized in the country of origin;
Copy of birth certificate of prospective adoptive parents’ biological child, if prospective adoptive parents already have a child;
Certificate of income from prospective adoptive parents’ place of work legalized by the embassy of prospective adoptive parents’ country and seen and recorded at the Ministry of Foreign Affairs and Ministry of Law and Human Rights;
Prospective adoptive child’s statement of consent on sufficiently stamped paper for children who have been able to express their opinion and/or the results of the Social Worker's report;
Letter of permission from parents/guardians on sufficiently stamped paper;
A statement on a sufficiently stamped paper stating that the adoption is for the welfare and protection of the child, and in the best interests of the child;
A written statement on sufficiently stamped paper stating that the prospective adoptive parents will and are willing to report the child's development to the Indonesian Ministry of Foreign Affairs through the local Indonesian Representative every year until the child is 18 (eighteen) years old;
Make a statement on a sufficiently stamped paper stating that in the event that the prospective adoptive child is taken abroad, the prospective adoptive parents shall report to the Department of Social Affairs and to the nearest Indonesian Representative where they reside immediately upon arrival in the country;
A statement on a sufficiently stamped paper stating that the prospective adoptive parents are willing to be visited by the local Indonesian Representative to observe the child's development until the child is 18 (eighteen) years old;
Prospective adoptive parents’ statement and guarantee in writing on a sufficiently stamped paper stating that all documents submitted are legitimate and in accordance with the actual facts;
A statement on sufficiently stamped paper stating that the adopted child and biological child will be treated without discrimination in accordance with the rights and needs of the child;
A statement on sufficiently stamped paper stating that the prospective adoptive parents will inform the adopted child about his/her origin and biological parents with due regard to the child's readiness;
A letter of permission from the government of the prospective adoptive parents’ home country legalized by the local Ministry of Foreign Affairs;
Consent of the prospective adoptive parents’ family legalized in the country of origin;
A social report on the prospective adoptive child prepared by the Social Worker of the Childcare Institution;
Letter of handover of the child from the birth mother to the hospital/police/community followed by the handover of the child to the Social Institution;
Letter of handover of the child from the Social Institution to the Child Care Institution;
Social report on prospective adoptive parents prepared by the Social Worker of the Social Institution;
Foster Care License decision letter signed by the Director General of Social Services and Rehabilitation on behalf of the Indonesian Minister of Social Affairs regarding the granting of a temporary foster care license;
A social report from the Social Worker of the Provincial Social Institution and the Social Worker of the Child Care Institution on the child's development while being temporarily cared for by the prospective adoptive parents;
Photo of the prospective adoptive child with the prospective adoptive parents;
Child Adoption Licensing Advisory Team (in Bahasa known as PIPA Team) decision letter on the consideration of a child adoption license;
Minister of Social Affairs decision letter c.q. Director General of Social Services and Rehabilitation on granting permission for child adoption to be further processed in court; and
A court determination that the prospective adoptive child’s status as a neglected child.
The above prospective adoptive parents' administrative requirements in the form of a copy must be legalized by the institution that issued the document or an authorized institution in accordance with the laws and regulations.[6]
These are the answers we can provide, we hope you will find them useful.
