Transforming Lives by Exploring Indonesia’s Adoption Potential
Authors
Introduction
Adoption in Indonesia operates within a structured legal framework designed to prioritize the welfare and rights of children in need of stable and nurturing homes. Governed by multiple frameworks that outline the guidelines for adoptive parents, adoptable children, and the procedural requirements. This system ensures adoptions are ethical and in accordance with Indonesian cultural and legal norms, safeguarding the best interests of every child involved. [1]
Adoption Landscape and Regulation
Indonesia’s adoption landscape is built upon several critical regulations, which collectively provide a foundation for ethical and lawful adoption practices. Below are the key regulatory frameworks:
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Regulations No. |
Summary |
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Law Number 23 Of 2002 concerning Child Protection as lastly amended by Government Regulation In Lieu of Law Number 1 of 2016 (“Child Protection Law”) |
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Government Regulation No. 54/2007 on the Implementation of Child Adoption (“GR 54/2007”) |
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Minister of Social Affairs Regulation Number 110/HUK/2009 on Requirements for Child Adoption (“MoSA Reg 110/2009”) |
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Eligibility Criteria
- Prospective Foster Parents (Calon Orang Tua Asuh – “COTA”)
- Age and Marital Status: COTAs must be at least 30 years old and under 55 years old. [2][3] While married couples are the preferred candidates [4], single parents [5] can also qualify under specific conditions. [6] For example, single adoptive COTA often need to demonstrate a strong support network and additional emotional and financial preparedness, which is determined by the discretion of the Ministry of Social Affairs (“MoSA”).
- Financial Stability: COTAs must provide evidence of financial capability to meet the adopted child’s needs, including education, healthcare, and overall welfare. This requirement helps ensure that the child's upbringing will not be adversely impacted by financial challenges. [7]
- Cultural Sensitivity and Religion: Adoptive parents must share the same religion as the adopted child. The child’s religion is typically determined by their biological mother’s religion. For abandoned children under state care, their religion is assumed to align with the majority religion in the area where they were found. [8] For international adoptions, additional emphasis is placed on the commitment to respecting and nurturing the child’s Indonesian cultural heritage.
- Prospective Adopted Child (Calon Anak Angkat – “CAA”)
- Age Requirements: CAAs under the age of 18 are eligible for adoption, with younger CAAs typically given priority. [9] This prioritization helps ensure that children receive stable care during formative years.
- Parental Status: CAAs must be officially classified as orphaned, abandoned [10], or voluntarily relinquished by their biological parents [11]. This classification is determined by government agencies and social welfare organizations to prevent trafficking or unethical practices. [12]
- Best Interests of the Child: Every step in the adoption process is centered on the CAA’s welfare. This includes ensuring that the adoption will enhance the CAA’s physical, emotional, and social development, as mandated by GR 54/2007 and MoSA Reg 110/2009.
- Childcare Institution (Lembaga Pengasuhan Anak – “LPA”)
To ensure children are placed in safe and supportive environments, COTAs in Indonesia must adhere to stringent eligibility standards:
These criteria are designed not only to safeguard the welfare of the child but also to provide a robust framework for COTAs, ensuring a harmonious match between the family and the child.
CAAs that are eligible for adoption must meet specific criteria aimed at protecting their rights and prioritizing their best interests:
Licensed LPAs are integral to Indonesia’s adoption framework, acting as intermediaries to ensure transparency and prioritize the child’s best interests. They provide temporary care for children awaiting adoption, including access to education, healthcare, and emotional support. LPAs collaborate with government agencies to verify the eligibility of both children and adoptive parents, ensuring legal and ethical compliance.
For single parents and adoptions including foreign nationals [13], the involvement of licensed LPA is mandatory. GR 54/2007 and MoSA Reg 110/2009 stipulate that these adoptions must be facilitated through these institutions to ensure adherence to all legal requirements and prevent any alternative or unauthorized methods of adoption. By acting as intermediaries, these institutions guarantee that the adoption process is conducted transparently, ethically, and in full compliance with Indonesian laws. Furthermore, they play a critical role in guiding adoptive parents through complex legal procedures, ensuring a seamless and lawful adoption process.
Adoption Procedure and Post-Adoption Obligations
The adoption process in Indonesia is governed by GR 54/2007 jo. MoSA 110/2009 and follows these general stages:
- Pre-Adoption Assessment where COTAs must undergo rigorous assessments, including home studies, psychological evaluations, and background checks conducted by LPAs and social workers.
- COTAs will then submit all required administrative documentations, including declarations on stamped paper committing to the child’s welfare, equal treatment of biological and adopted children, and consent to monitoring by Indonesian representatives until the child reaches 18.
- The MoSA shall grant temporary custody, allowing COTA to begin caring for the child while under LPA and government supervision.
- On the probationary period, social workers conducts home visits and provide progress reports.
- To legalise the adoption, COTAs submit the adoption case to court, which reviews the child’s status and parental eligibility. If approved, a court decree finalises and legalises the adoption.
- Post-court decree, COTAs must report the adoption to the MoSA and ensure proper registration of the adoption to the Civil Registration Services (Dinas Kependudukan dan Catatan Sipil – “Disdukcapil”).
Post-Adoption Obligations
COTAs are bound by several post-adoption responsibilities to ensure the child’s well-being, which are:
- They must provide regular updates to the MoSA or designated Indonesian representatives, detailing the child’s development.
- COTAs and their adoptive families must allow designated representatives such as social workers and/or Indonesian officials (if abroad) to visit and assess the child’s welfare until they turn 18.
- COTAs, particularly foreigners, are required to preserve the child’s Indonesian heritage by encouraging cultural integration and education.
- COTAs must ensure all documents, including the court decree and permissions, are properly registered and compliant with Indonesian law, such as updating the registered Family Card (Kartu Keluarga –“KK”).
Additional Notes on Foreign Adoptions
Indonesian citizens married to foreign nationals and fully foreign adoptive parents must meet additional legal requirements:
- Adoption must strictly involve LPAs.
- Foreign adoptive parents are required to obtain written consent from their home country’s government, legalized by their Foreign Affairs Ministry.
- The MoSA oversees the entire process, ensuring compliance with both Indonesian and international adoption standards.
- Applications must be approved by the Ministry of Social Affairs, including background checks and assessments conducted by Indonesian authorities.
- Adoption finalization requires Indonesian court approval.
- Adoptive parents residing abroad are subject to ongoing reporting and monitoring by Indonesian representatives until the child turns 18.
These measures uphold transparency and ensure that the adoption aligns with the child’s best interests and Indonesian law.
Thus, Indonesia's adoption system places a significant emphasis on cultural and legal compliance, ensuring that all adoptions are conducted with utmost respect for local traditions and statutory mandates. This comprehensive approach aims to create a supportive and nurturing environment for adopted children, fostering their development and seamless integration into a loving family.
Article 2 of GR 54/2007 ↩︎
Article 13 (b) of GR 54/2007 jo. Article 7 (1b) of MoSA Reg 110/2009 ↩︎
Article 7 (2) of MoSA Reg 110/2009 conveys that the age of COTA is determined based on the age calculation at the time of submitting the adoption application ↩︎
Married couples should at least be married for 5 years at minimum ↩︎
Under Article 16 (1) of GR 54/2007 The term "single parent" refers to an individual who is either unmarried, widowed, or divorced ↩︎
Article 16 (1) of GR 54/2007 ↩︎
Article 13 (h) of GR 54/2007 jo. Article 7(1h) of MoSA Reg 110/2009 ↩︎
Article 3 of GR 54/2007 ↩︎
Article 12 of GR 54/2007 jo. Article 6 of MoSA Reg 110/2009 ↩︎
Orphaned children are defined as those who has lost their parents due to death. Article 1 (13) of MoSA Reg 110/2009 defines abandoned children as those whose basic physical, mental, spiritual, and social needs are not adequately met. Article 1 (14) of MoSA Reg 110/2009 also defines Children Requiring Special Protection which are childrens in emergency situations, those facing exploitation, trafficking, or abuse, children with disabilities, and others needing specific protections due to their circumstances. ↩︎
Voluntarily relinquished children are those whose biological parents have willingly surrendered their parental rights, often through legal or formalized processes. ↩︎
Article 12 of GR 54/2007 ↩︎
Whether mixed marriage or foreign couples ↩︎
Disclaimer:
This client update is the property of ARMA Law and intended for providing general information and should not be treated as legal advice, nor shall it be relied upon by any party for any circumstance. ARMA Law has no intention to provide a specific legal advice with regard to this client update.
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