I just gave birth yesterday and I found an adopter through a child adoption Facebook group, and my child has been adopted by that person. But the person is only 19 years old, and his house is very far from elementary, junior high, and vocational schools, even his house is very far from the health center and midwife. I want to take my child back, is that possible? Because I feel sorry for my child. The adopter's house is very far from the health center and midwife, I am afraid that if something happens, it will be difficult. But I have signed on the stamp, can I take my child back?
DAFTAR ISI
INTISARI JAWABAN
Child adoption must be carried out through procedures stipulated in the applicable laws and regulations and authorized by a court decision that the adopted child is the legitimate adopted child of the adoptive parents who apply for child adoption.
If the adoption of a child is carried out without going through the procedures specified in the laws and regulations, then the adoption of the child becomes illegal, so there is no legal relationship between the adoptive parents and the adopted child.
Please read the review below for a further explanation.
This article is the second update of the article entitled Requirements for Child Adoption written by Shadri, S. H. and was first published on Monday, 19 July 2021, and first updated by Valerie Augustine Budianto, S.H. on Thursday, 14 April 2022.
All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.
Before answering the main point of your question regarding the conditions and requirements of child adoption, it is better to first understand what child adoption is.
Child Adoption
The term child adopsi in Bahasa Indonesia is a translation of English "adoption", which means adopting someone else's child as one's own and having the same rights as a biological child.
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For your information, the term adopsi is not recognized in the Indonesian legislation, but the term used is anak angkat which means ‘adopted child’ in English. This is as explained in Article 1 number 9 Law 35/2014 which states:
Adopted child is to mean a child over whom rights have been assigned by his parents, lawful guardians, or such other persons as may have responsibility in respect of the child’s upkeep, education, and upbringing to adoptive parents pursuant to a decision or ruling of the court.
Moreover, Article 39 section (1) and (2) Law 35/2014 stipulates that:
Child adoption can only be carried out in the best interests of the child and is carried out based on local customs and the provisions of laws and regulations;
The adoption of a child as referred to in paragraph (1), does not sever the blood relationship between the adopted child and his/her biological parents.
Child Adoption Requirements
In order to legally adopt a child, there are requirements for child adoption in Indonesia that must be met, namely:
Child Requirements
The requirements for the child to be adopted include:[1]
is not yet 18 years old;
is an abandoned or neglected child;
is in the care of a family or in a childcare institution; and
children under 6 years old, are the first priority;
children aged 6 years up to not yet 12 years old, as long as there are urgent reasons; and
12 years up to not yet 18 years old, as long as the child needs special protection.
Requirements for Prospective Adoptive Parents
There are 13 requirements for child adoption that must be met by prospective adoptive parents when they want to adopt a child, namely:[3]
physically and mentally healthy;
be at least 30 years old and at most 55 years old;
have the same religion as the prospective adopted child;
have good behavior and have never been convicted of a crime;
have been married for at least 5 years;
is not a same-sex couple;
do not or have not had a child or have only one child;
in a state of being economically and socially capable;
obtain the child's consent and the written permission of the child's parents or guardians;
make a written statement that the adoption is in the best interests of the child, the child's welfare and protection;
have a social report from the local social worker;
have cared for the prospective adopted child for at least 6 months, since the foster care license was granted; and
obtain permission from the Minister and/or the head of the social agency.
Illegal Child Adoption
In addition, it is important to know that the process of child adoption can be said to be illegal child adoption if:[4]
The adoption of a child is not done for the best interest of the child, but for a person's personal interest, and is not done based on local customs and applicable laws and regulations.
Child adoption that breaks the nasab relationship with the adoptive child's biological parents (nasab relationship means descent based on lawful blood relationship).
The prospective adoptive parents are not of the same religion as the child being adopted.
Child adoption by foreign nationals who have found out that child adoption is not a last resort, because there are still other efforts.
Sanctions for violations of points 1, 2, and 4 above are imprisonment for a maximum of 5 years and/or a maximum fine of IDR 100 million.[5]
How to Adopt a Child
To answer your question, the legal requirement for child adoption according to positive law in Indonesia is that the application for child adoption must go through the applicable legislation procedures and be authorized by a court decision.[6]
In addition, the age of the adopter in your case also does not meet the minimum requirement of 30 years old.
Therefore, in our opinion, the adoption of the child in your case is illegal, so there is no legal relationship arising between the adoptive parents and the adopted child. Therefore, you can take back your child.
These are the answers we can provide, we hope you will find them useful.
