Principles of Child Adoption
Child adoption in Indonesia is carried out based on the following principles:
The best interests of the child
Adoption may only be carried out in the best interests of the child, in accordance with local customs and applicable laws and regulations.
Preservation of the child’s biological relationship
Adoption does not terminate the biological relationship between the adopted child and their biological parents.
Same religion requirement
Prospective adoptive parents must share the same religion as the prospective adopted child.
Children of unknown origin
If the child’s origins are unknown, the child’s religion will be determined in accordance with the religion of the majority of the population in the area where the child was found.
Types of Child Adoption
Child adoption may generally be categorized as follows:
1. Adoption Between Indonesian Citizens (WNI)
This category includes several forms of adoption:
a. Adoption Through an Authorized Institution
Adoption carried out indirectly through a foundation or institution appointed by the Governor.
b. Adoption Under Customary Law
Adoption carried out in accordance with the customs and practices applicable within a particular family or kinship community.
c. Direct Adoption
Adoption carried out directly between the prospective adoptive parents and the child’s biological parents, legal guardian, or relatives, through the court process.
d. Adoption by a Single Parent
Adoption of an Indonesian child by an Indonesian citizen who is a single prospective adoptive parent.
2. Adoption Involving Foreign Nationals (WNA)
Under Regulation of the Minister of Social Affairs of the Republic of Indonesia No. 110/HUK/2009 concerning the adoption of children between Indonesian Citizens (WNI) and Foreign Nationals (WNA), adoption involving WNI and WNA may include:
a. Foreign Husband and Wife as Prospective Adoptive Parents
Both prospective adoptive parents are foreign nationals.
b. One Foreign Prospective Adoptive Parent in a Mixed-Nationality Marriage
One of the prospective adoptive parents is a foreign national.
c. Adoption Between Foreign Nationals
Adoption involving foreign nationals in accordance with the applicable legal requirements.
The Role of a Lawyer in Child Adoption
A lawyer may assist clients throughout the adoption process and help ensure that the legal rights and interests of the child are properly protected. This may include:
Legal Advocacy
Advocating for the child’s rights and interests, including matters concerning the child’s care, education, and religious upbringing within the adoptive family.
Legal Representation
Providing legal representation and assistance to clients throughout the adoption process to help ensure that the child’s rights and welfare are properly protected.
Legal Research
Reviewing and analyzing relevant legislation and legal materials, including applicable Government Regulations and Ministerial Regulations concerning child adoption.
Preparation of Legal Claims and Documents
Assisting with the preparation of legal documents and claims based on Government Regulation No. 54 of 2007 concerning the Implementation of Child Adoption and Regulation of the Minister of Social Affairs of the Republic of Indonesia No. 110/HUK/2009 concerning Child Adoption.
Legal Advice
Providing legal advice within the scope of applicable laws and regulations to help ensure the protection and continuity of the adopted child’s rights and welfare.
Protection of Legal Rights
Ensuring that the legal rights of the child and the adoptive family are addressed in accordance with Government Regulation No. 54 of 2007 concerning the Implementation of Child Adoption and Regulation of the Minister of Social Affairs of the Republic of Indonesia No. 110/HUK/2009 concerning Child Adoption.
Legal Basis
Government Regulation No. 54 of 2007 concerning the Implementation of Child Adoption
Regulation of the Minister of Social Affairs of the Republic of Indonesia No. 110/HUK/2009 concerning Child Adoption
