Inter country adoption or adoption of a child by foreign citizen is a common mechanism of adoption among countries. Every country has a different legal system to allow the implementation of inter country adoption. In Indonesia, the implementation of protection and fulfillment of child welfare, including the adoption governed by Law No. 23 Year 2002 concerning Child Protection. The Law put specific requirements and principles on child adoption mechanism between Indonesian citizens with foreign nationals.
a. Law No. 23 Year 2002 concerning Child Protection
b. Decree of Minister of Social Affairs No. 110 /HUK/ 2009 concerning Requirements for Adoption;
c. Government’s Decree No. 54 Year 2007 concerning Implementation of Adoption
a. Adoptions may only be implemented in the best interests of adoptive child, especially to enhance their life and welfare (Article 39 Paragraph 1, Law No. 23 Year 2002)
b. Adoptive parents must have same religion with adoptive child
c. Adoption by foreign citizens may only be conducted as a last resort (Article 39 Paragraph 3, Law No. 23 Year 2002)
d. Adoptions between Indonesian citizen and foreign citizens divided into 2 (two) categories:
(i) Adoptions of Indonesian citizens by non-Indonesian citizens
(ii) Adoptions of foreign citizens by Indonesian citizens
e. The adoption of Indonesian child by foreign citizens shall be endorsed by Court’s Decree.
f. Government and society shall provide guidance and supervision relating to adoption.
g. Adoption between Indonesian citizens and foreign citizens can only be implemented through childcare institution.
h. If foreign adoptive parents will bring Indonesian adoptive child to move abroad, the adoptive parents shall report their whereabouts to the Indonesian mission at the country. The adoptive parents must be willing to be visited by the staff of Indonesian mission in the country in order to ensure the development of the child until he/she reach 18 years of age.
REQUIREMENTS AND PROCEDURES FOR CHILD ADOPTION
Adoption process through childcare institution comprises of 5 (five) stages :
Stage 1 : Application
a. Adoptive Parents shall submit a letter to request permission to taking care of the child to the Ministry for Social Affairs, Indonesia in accordance with specified requirements;
b. After conducting examination, Social Worker will conduct a home visit to adoptive parents’ residence for feasibility assessment;
c. If deemed qualified, Ministry for Social Affairs, c.q Director of Children Social Service will issue Permits of Temporary Child Adoption for adoptive parents through childcare institution.
Stage 2 : Temporary Adoption
a. The child will be transferred from Childcare Institution to Adoptive parents;
b. During temporary adoption phase, Social Workers shall provide guidance and supervision to prospective Adoptive parents.
Stage 3 : Application for Adoption
a. Prospective Adoptive Parents submit application for adoption to the Ministry of Social Affairs Indonesia and attach letter explaining certain reasons to adopt the child;
b. Social Workers of the Ministry of Social Affairs and Childcare Institutions conduct a home visit to adoptive parents’ residence to supervise the development of prospective adoptive child during Prospective Adoptive Parents’s care;
c. Director of Children Social Service will further consider results of the assessment and examine documents with regard to the request for adoption with Consideration of Adoption Team (Tim Pertimbangan Pengangkatan Anak-PIPA);
d. Consideration of Adoption Team will issue Recommendation Letter.
Stage 4 : Endorsement of Adoption Permit before the Court
a. Minister of Social Affairs, c.q Director General of Service and Social Rehabilitation will issue Decree of Minister of Social Affairs concerning Permits of Indonesian child Adoption by Foreign Citizens, to be concluded by the Court of First Instance;
b. Court of the First Instance issue a Court Order concerning the adoption.
Stage 5 : Reporting and Documentation
a. Prospective Adoptive Parents made a report to Ministry of Social Affairs;
b. Ministry of Social Affairs made record and documentation of the adoption.