Children are a gift from God Almighty which certainly cannot be valued by anything. Having a child is the dream of most married couples, but sometimes not all family could get the opportunity to have a child. Even so, it does not mean that there is absolutely no opportunity to care for and raise a child. Adoption is one of the opportunities for a family to be able to have children and raise them like their own family.
Adoption is defined as a legal act that transfers a child from the sphere of authority of the parents, legal guardians, or other persons responsible for the care, education and upbringing of the child, into the adoptive family environment. Another meaning is that adoption is the transfer of custody of a child. The Indonesian government tends to regulate adoption quite strictly with the aim of avoiding human trafficking and slavery. Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption (hereinafter referred to as GR 54/2007) is the legal basis or guideline in the process of adopting a child in Indonesia.
The adoption of a child must aim to protect and fulfill the best interests and needs of the child so that the welfare and protection of the child concerned can be realized. The government distinguishes between two types of adoption, namely adoption between Indonesian citizens and adoption between Indonesian citizens and foreign nationals. Provisions regarding the adoption of children in Indonesia by foreign nationals are not prohibited by laws and regulations, but must pay attention to the provisions of Article 5 of GR 54/2007 which states that the adoption of children of Indonesian citizens by foreign nationals can only be made as a last option. This means that the Indonesian government will prioritize children of Indonesian citizens being adopted by adoptive parents who are also Indonesian citizens.
Adoption of children between Indonesian citizens and foreign nationals is divided into 2 (two), namely:
- Adoption of children of Indonesian citizens by foreign nationals; and
- Adoption of children of foreign nationals in Indonesia by Indonesian citizens
Not all children can be adopted but the child must meet the criteria as specified in Article 12 GR 54/2007, as follows:
- The child is not yet 18 (eighteen) years old;
- Is an abandoned or neglected child;
- Being in family care or in a childcare institution; and
- Requires special protection
GR 54/2007 stipulates that children who are not yet 6 (six) years old are a top priority compared to other ages in the adoption process. Children aged 6 (six) to 18 (eighteen) years can be adopted as long as there are urgent reasons or the child requires special protection.
Prospective adoptive parents, both Indonesian Citizens and Foreign Nationals, must first fulfill the following subjective requirements:
- Physically and mentally healthy;
- The minimum age is 30 (thirty) years and the maximum is 55 (fifty-five) years;
- Religion is the same as the religion of the prospective adopted child;
- Good behavior and have never been punished for committing a crime;
- Married status for at least 5 (five) years;
- Not a same-sex couple;
- Not having children or only having one child;
- In a state of being able economically and socially;
- Obtain the child’s consent and written permission from the child’s parent or guardian;
- Make a written statement that adoption is in the best interests of the child, the welfare and protection of the child
- There is a social report from the local social worker;
- Has taken care of the prospective adopted child for at least 6 (six) months, since the parenting permit was granted; and
- Obtain permission from the minister and/or head of a social agency
Even though there is no difference between prospective adoptive parents, both Indonesian and foreign nationals, for foreigners there are additional requirements that need to be considered as this has been regulated in Article 14 jo. Article 17 GR 54/2007 namely:
- Prospective adoptive parents who are foreign nationals must obtain written permission from the government of the applicant’s country of origin through the embassy or representative of the applicant’s country in Indonesia;
- Obtain written permission from the Minister; and
- Adoption of children is done through childcare institutions
- Has legally resided in Indonesia for 2 (two) years;
- Obtain written approval from the government of the applicant’s country; and
- Make a written statement reporting the child’s development to the Ministry of Foreign Affairs of the Republic of Indonesia through the local Representative of the Republic of Indonesia.
Foreign nationals who are prospective adoptive parents who have fulfilled the requirements as mentioned above can apply for adoption to the court to obtain a court order. After the court’s decision regarding the adoption of the child, there will be supervision that will be carried out by the government together with the community and reporting that will be carried out by social workers. This is done as a form of follow-up to the existence of the court’s decision and as an effort to prevent deviations or adoption of children that are not in accordance with statutory provisions.
Based on the explanation above, the laws and regulations in Indonesia do not prohibit foreign nationals who are prospective adoptive parents from adopting children who are Indonesian citizens, but foreign nationals are not a priority for the Indonesian government in the process of adopting children. Prospective adoptive parents who are foreign nationals must also meet the requirements set by the Indonesian government and are committed to complying with all applicable provisions relating to child adoption in Indonesia.