General Understanding on Adoption in Indonesia
Adoption is a legal act which diverts a child from the sphere of parental authority, legal guardian or other person responsible of the care, education and rearing of the child into the family of adoptive parents (Government Regulation No.54/2007 on Implementation of Adoption/Appointment of a Child).
Basic Legal Adoption are as followed :
- Law No. 35/2014 on Child Protection.
- Government Regulation No. 54/2007 on Implementation of Adoption.
- Regulation of the Minister of Social Affairs of the Republic of Indonesia 110/HUK/2009, concerning Eligibility Requirement for Adoption.
- Regulation of Director General of Social Rehabilitation No. 02/2012, on the Technical Guidance of Adoption Procedure.
Principles of Adoption are as followed:
- The adoption can only be done for the best interests of the child based on local customs and applicable laws and regulations.
- The Adoption does not sever the blood relationship between the adopted child and his or her birth parents,
- Prospective Adopted Parents(PAP) should be in accordance with the religion of PAP by prospective Adopted Child (PAC)
- In the case of the child of unknown origin, the child’s religion will be adapted to the religion of the majority of the neighborhood or community where the child was discovered, through a court decree.
Types of Child Adoption are as follows:
- Adoption according the Customary Law
- Private Adoption or Direct Adoption
- Adoption by Single Parent
- Domestic Adoption through the social institution appointed by the Governor of the Province.
- Inter-country Adoption ( by foreign couples or mixed couples)
Criteria of a Prospective Adoptive Parents
- Physically and mentally healthy
- Married couples are between 30 years and 55 years old
- A husband and wife of a religion and the same religion of the prospective Adopted Child.
- Be good conduct and never be punished for committing a crime, especially a domestic violation and violation act against a child(child abuse)
- The couples have been married for at least 5(five) years
- The couples are not a similar pairs
- The couples are childless or having only 1(one) biological child.
- The couples are in state of capable on economical and social responsibility.
- Having a written agreement letter, if the child is able to express his opinion and a written consent from his or her biological parents or guardian
- To make a written statement that the adoption is for the best interests of the child welfare and protection of the child
- Willing to accept a child from the Yayasan Sayap Ibu Cabang Jakarta with a less clear background
- Willing to be interviewed and receive a home visit from Government and Yayasan Sayap Ibu Cabang Jakarta’s Social Workers
- Prospective Adoptive Parents (PAPs) must be present at the court and meet the court administrative requirements.
Flow of the Process and Procedures of the Child Adoption :
Inter-country Adoption in Indonesia
The Ministry of Social Affairs of Republic of Indonesia (KEMENSOS), as the Adoption Authority, has designated Yayasan Sayap Ibu Cabang Jakarta as the only legal agency to organize the adoption between Indonesian Citizens and Foreign Citizens/Inter-country Adoption (Decree of the Minister of Social Affairs of the Republic of Indonesia No. 289/HUK/2016 concerning the granting of licenses to the Yayasan Sayap Ibu Cabang Jakarta to organize the adoption of Indonesian Citizens and Foreign Citizens.
Inter-country Adoption in Indonesia consists of :
- Prospective Adopted Parents are both foreign citizen, and
- Prospective Adopted Parents are a mixed couples (PAP is a foreign national and the other is an Indonesian citizen)
In order to adopt a child from Indonesia, you will need to meet the requirements of the Government of Indonesia and the country of origin of the PAPs. PAPs are strongly encourage to consider contacting Yayasan Sayap Ibu Cabang Jakarta, Jalan Barito II, No. 55, Kebayoran Baru, Jakarta Selatan, Phone No.: 726 6317 (Ms. Refriana and Ms. Ekowati will help you for making appointment, for a consultation on adoption). During the consultation, PAPs will meet a social consultant and social worker to discuss their motivation, qualifications and eligibility to adopt. Our Social Worker, Ms Linda will give you a complete information on preparing the documentation of adoption to be submitted as required.
Besides the above mentioned, a consultation with the Government Social Consultant from the Adoption Authority, is a must to be done. Directorate of Child Social Services Development, to manage the administration of Indonesian Adoption law and regulations. For appointment, please, call 021-3100375 sited on the 7th Floor of the building.
PAPs must also meet the following requirements in order to adopt a child from Indonesia:
- Residency: Prospective Adoptive Parents must be residents of Indonesia for at least 2(two) years with a permit issued by the local authorities (Rukun Tetangga/RT, Rukun Warga/RW, and Kelurahan) and a Statement Letter from The Embassy of the origin country of the PAPs regarding their citizenship, domicile and length of residency in Indonesia.
- Foreign national PAPS must be resident in Indonesia and must habe been working and living in Indonesia for at least 2(two) years prior to the application to adopt. If one of foreign national parent is resided in Indonesia before the other, she or he may initiate the process as long as she or he has already been resident in Indonesia for at least 2(two) years.
- In case one of the PAP is a foreign national and the other is an Indonesian citizen, the residency requirement has not applied as long as the Indonesia national has resided in Indonesia to see the adoption process through completion. Such cases are more complicated, because a legal permit from the country of origin is needed, before we can start the adoption procedures in Indonesia.
If Yayasan Sayap Ibu Cabang Jakarta determines that the PAPs are suitable to adopt both PAPs will have to submit the following paperworks :
- PAPs health certificate from Indonesian government national hospital.
- Health Certificate from the Indonesian government Mental Health Specialist describing the PAPs’ mental health.
- Statement from an Indonesian government national hospital gynecologist regarding involuntary childlessness.
- Copy of both PAPs’ birth certificates, authenticated by the Indonesian Embassy in the country of issuance. If there is no Indonesia Embassy in the country of issuance, the PAPs must contact the Indonesian Embassy responsible for providing consular services to the country.
- Copy of both PAPs’Passports and Residency Permit (KITAS).
- Copy of ID cards for the prospective adoptive child and his/her biological parent(s) and/or a copy of the family card of the child’s biological parent(s) and/or proof of religieus affiliation of the child biological parent(s) and/or a court decision regarding the child’s religion.
- Certificate of Good Conduct for the PAPs from the Indonesia Police Headquarter. Application for certificate of good conduct need a Letter of Introductory from Yayasan Sayap Ibu Cabang Jakarta.
- Copy of PAPs’ marriage certificate, authenticated by the Indonesia Embassy of the country in which they were married and by the Embassy of their country of origin in Jakarta.
- Copy of birth certificate of PAPs’ previous children authenticated by the Indonesian Embassy of the country of issuance.
- Income statement from the PAPs’ employer, notarized at he Embassy of the PAPs’ country of origin, and reviewed and recorded by the Indonesian Embassy of the PAPs’ country of origin, and reviewed and recorded by the Ministry of Foreign Affairs and the Ministry of Law and Human Right, which has authority to accept or reject such income statements.
- Family photos of the PAPs and photos of their home and surroundings.
- Three colored photos (3×4 cm) of each PAP.
- Statement from the Prospective Adoptive Child, in case where the child is able to express his/her opinion as determined by the rules.
- Letter of statement from the Prospective Adoptive Child’s biological parent(s) or legal guardian(s).
- Statement that the adoption is in the child’s best interests and is for his/her protection.
- Statement by PAPs that they will report t he development of the child to the Indonesian Embassy every year until the child is 18 years old.
- Statement by PAPs that they will contact the Indonesian Embassy when the move, both within a country or to another country. PAPs need to inform the appropriate Indonesian Embassy of any change of address.
- Statement by the PAPs that they agree to be visited by a representative from the Indonesian Embassy to monitor and report o the child’s development until the child is 18 years old.
- Statement from the PAPs stating that all documents submitted in connection of the application to adopt are valid and factual.
- Statement by the PAPs that they will raise the child as if she/he were their own child, with no discrimination, in accordance with the child’s rights and needs.
- Statement by the PAPs that they will notify their adopted child of his/her origin and biological parents based on the readiness of the child.
- A letter issued by the PAPs’ Embassy, stating that the PAPS country of residence has found the PAPs eligible and suitable to adopt intercountry.
- A sworn statement provided by PAPs and notarized at the Embassy of the origin country in Jakarta that provides the PAPs address and length of residency in Indonesia and separate statements of domicile from the local Indonesian Authorities (RT, RW, and Kelurahan/Local Government Authority).
- Letter from close relatives (parents, siblings, aunts, uncles) of the PAPs supporting their intention to adopt an Indonesian child.
- Social Report/Case Study about the child written by a Social Worker from the child care agency.
- Letter of surrender from the child’s biological mother or legal guardian to a hospital, local police, or local community. The letter terminates the mother’s or legal guardian’s parental rights to the child.
- Handover letter of the child from the social welfare organization to a child care agency (orphanage).
- Social Report/Case Study about the PAPs written by the Social Worker from the Adoption Agency approved by KEMENSOS.
When all the required paperwork is completed, PAPs can submit the application for adoption to Yayasan Sayap Ibu Cabang Jakarta, which will then forward it to KEMENSOS and usually KEMENSOS will grant permission for the child to be released legally into the PAPs’ foster care.
Once the PAPs submit their adoption application to Yayasan Sayap Ibu Cabang Jakarta, the social worker of KEMENSOS and Yayasan Sayap Ibu Cabang Jakarta will conduct a home visit. If the PAPs are determined to be eligible to adopt, PAPs will sign a six-month foster care agreement so that the child can be taken to the PAPs’s residence in Indonesia. During the six-month foster care period, another home visit may be conducted. Monitoring by an Indonesian social worker appointed by KEMENSOS is also part of this fostering process.
At the end of the six-month foster care period, the final home visit will be conducted, after which an inter-departmental Committee, known as TIM PIPA is a forum for cross-agency coordination that advises KEMENSOS on granting adoption permits to foreign nationals in a comprehensive and integrated manner. All necessary documentations must be submitted to the members of TIM PIPA, and if all conditions have been satisfied, approval to proceed to legalize in the court is obtained. The final court decision must refer to approval decision made by the committee and the letter of recommendation from the Minister of Social Affairs of Republic of Indonesia.
The court hearing will officially establish the PAPs as the child’s adoptive parents. Both PAPs are required to attend the court session.
Please note that the TIM PIPA only meet four times per year and adoption time frame can take 9 to 12 month start from the first home visit where the prospective adoptive child is confirmed by the PAPs. Approximately three weeks after the court has approved the adoption, the PAPs will receive the official adoption decree (SKPN )
The legal adoption fees paid to Yayasan Sayap Ibu Cabang Jakarta as a donation. Fee does not include documents translation fees, court fees, and documents authentication fees, anf passport fees.
All documents must be translated into Indonesian Language by an official sworn translator. Yayasan Sayap Ibu Cabang Jakarta can assist with translation if necessary.
Authentication of the Documents : Authentication of signatures of Indonesian official who notarize original documents:
- The original document must be authenticated by the District Court having jurisdiction over the office issuing the document.
- The Ministry of Justice & Human Rights must then authenticate the signature of the District Court Judge or person authorized to authenticate the documents.
- The Ministry of Foreign Affairs then authenticates the signature of the officer from the Ministry of Justice and Human Right.
- After the above steps are completed the original document with authenticating signatures can be brought to the country of origin.
Flow of the Child Adoption Process
- PAPs must come to Kemensos for a consultation, then to Yayasan Sayap Ibu Cabang Jakarta or vice versa.
- If the result of both consultation reached agreement then the PAPs can continue the process of adoption by submitting the required documents.
- The Ministry of Social Affairs cq Directorate of Child Social Welfare will make a request to the Minister of Social Affairs to approve the PAPS tp adopt an Indonesian child.
- Yayasan Sayap Ibu Cabang Jakarta is authorized to explain n or provide information/consultation on how the adopt an Indonesian child and the required documents.
- After the consultations, PAPs must collect the documents required for the adoption process and also send copies of the documents to Directorate of Child Social Welfare, Ministry of Social Affairs of Republic of Indonesia.
- Minister of Social Affairs will provide a disposition to approve the process.
- After the require documents are completed, Yayasan Sayap Ibu Cabang Jakarta will apply for the first home visit.
- The Directorate of Child Social Services will send a letter to the Yayasan regarding the implementation of the first home visit.
- After the first home visit the social workers of the Ministry of Social Affairs and Yayasan Sayap Ibu Cabang Jakarta will make s Social Report/Case Study of the PAPs.
- The Directorate of Child Social Welfare will issue a Licensing Letter based on social report/case study made by social workers.
- Temporary Care/Foster Permit will be revoke if the PAPs neglects its ovligation and the child will be withdrawn to be handed over to Yayasan Sayap Ibu Cabang Jakarta Orphanage.
- After the parenting permit issued by the Ministry, the YSICJ will carry out the process of Family Care/Foster and hand-over the PAC (Prospective Adoptive Child) to the PAPs.
- Temporary Family Care/Foster will last approximately 6(six) months.
- After more or less PAPs’ parenting for 6(six) months the YSICJ will apply to DCSW for the implementation of the second home visit.
- Based on the result of the second home visit, the social worker of the YSICJ will make Social Report/Case Study on the development of the PAC.
- Then the Ministry will hold TIM PIPA (Team for Consideration of the Child’s Licensing Permit) Session, the will be attended by related government institutions as member of the team.
- In the TIM PIPA Session all members will respond/assess according to the underlying task of each PAPs’ file.
- If the child adoption process is approved by the TIM PIPA, the the Ministry will issue a decision letter of the Consideration Licensing Team on the adoption of Indonesian child by foreign National/Citizen.
- After the letter of recommendation to adopt an Indonesian child, the PAPs will apply the process of ratification in the district court in accordance with the wishes of the PAPs.
- After the court decision is issued, the Adoptive Parents (APs) must come to the Ministry for data recording.
- APs must bring the birth certificate of the Adoptive Child to Population and Civil Registration Agency for data recording and the side note stamp on the birth certificate of the AC that the child mentioned is the adoptive child of APs.
List of documents required by the PAPs, both are foreign national/citizen :
- Application Letter on Adoption addressed to HE Minister of Social Affairs of Republic of Indonesia on Adoption Permit to Adopt an Indonesian Child.
- Health Certificate of the PAPs
- Mental Certificate of the PAPs
- Fertility Certificate of the PAPs, from Gynecologist and Androlgist.
- Copy of Birth Certificate of PAPs
- Copy Passport and KITAS of PAPs
- Certificate of Good Conduct of PAPs issued by the National Police Headquarter.
- Copy of Marriage Certificate.
- Clarification of Income.
- Statement Letter on Motivation of PAPs to adopt an Indonesian child.
- Letter of Agreement on APs obligation to report the development of the Adoptive Child to Ministry of Social Affairs and accept home visit of the Indonesian Representative of the Republic of Indonesia at the recent domicile until the AC will reach the age of 18 years.
- Statement Letter that the APs will contact the Ministry of Social Affairs and the Indonesian Representative where they live, if the adoptive child will be travelling abroad.
- Statement letter that the Adoptive Parents will give the adoptive child the equal right as their biological child.
- Statement letter that the Adoptive Parents will give the adoptive child the truth of the origin of his/her biological parents considering the readiness of his/her psychological condition.
- Statement Letter will not be marriage guardian on the Islamic Wedding of the AC. *)
- Statement Letter will give grants for the Adoptive Child. *)
- Statement of Permit to adopt an Indonesian child from the country of origin.
- Statement of domicile of the PAPs from the Local Administration.
- Statement of support from the close relatives of the PAPs.
- A chronological Letter of the origin of the child (PAC).
- Letter of submission/surrendering from the birth mother.
- Minutes of the Hand-over of the child to the Local Social Administration.
- Minutes of Submission and Power from Local Social Administration
- Social Report/Case Study of the PAPs
- Parenting Permit from Director of Social Welfare of the Ministry of Social Affairs of Republic of Indonesia.
- Parenting Agreement from YSICJ to PAPs
- Hand-over and Family Care Agreement from YSICJ to PAPs.
- Social Report/Case Study of Development of the PAC.
- Birth Certificate of the PAC.
- Letter of Statement will provide education and health insurance for PAC.
- Letter of statement will give double citizen to the PAC until the age of 18 years, in accordance with the Law No.12/2006 on Citizenship.
- Letter of Statement will give a freedom to choose his/her citizenship when the adoptive child reached the age of 18 years.
- Family Pictures/Video of the PAPs and PAC.
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