The adoption of Indonesian children by foreigners must be done through childcare institutions that have been appointed by the Ministry of Social Affairs, one of which is Yayasan Sayap Ibu.
Please read the review below for a further explanation.
Pro
Pusat Data
Koleksi peraturan perundang-undangan dan putusan pengadilan yang sistematis serta terintegrasi
Solusi
Wawasan Hukum
Klinik
Tanya jawab gratis tentang berbagai isu hukum
Berita
Informasi dan berita terkini seputar perkembangan hukum di Indonesia
Jurnal
Koleksi artikel dan jurnal hukum yang kredibel untuk referensi penelitian Anda
Event
Informasi mengenai seminar, diskusi, dan pelatihan tentang berbagai isu hukum terkini
Klinik
Berita
Login
Pro
Layanan premium berupa analisis hukum dwibahasa, pusat data peraturan dan putusan pengadilan, serta artikel premium.
Solusi
Solusi kebutuhan dan permasalahan hukum Anda melalui pemanfaatan teknologi.
Wawasan Hukum
Layanan edukasi dan informasi hukum tepercaya sesuai dengan perkembangan hukum di Indonesia.
Catalog Product
Ada Pertanyaan? Hubungi Kami
Bacaan 10 Menit
My husband and I are American Citizens and have been married for 6 years. During our marriage, we have not been blessed with children. My husband and I have been working and living in Indonesia for 4 years. We intend to adopt a 3-year-old boy who has been abandoned by his parents. We found out about the child from a friend who happens to be the uncle of the child. At the end of 2017, our tenure in Indonesia will end and we plan to return to America with the child. Since February 2014, the child has been living and being taken care of in our home.
Based on the information we got, adoption can only be done through the organization called Sayap Ibu. Is this true? What are the requirements that we must fulfill in order to adopt the child?
The adoption of Indonesian children by foreigners must be done through childcare institutions that have been appointed by the Ministry of Social Affairs, one of which is Yayasan Sayap Ibu.
Please read the review below for a further explanation.
This article is an English translation of Haruskah Mengadopsi Anak Melalui Lembaga Pengasuhan Anak?, written by NAYARA Advocacy from NAYARA Advocacy and was published on Friday, 02 September 2016.
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.
Thank you for your question.
For your information, according to Article 1 number 9 Law 35/2014, the definition of an adopted child is as follows:
"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 the responsibility in respect of the childās upkeep, education, and upbringing to adoptive parents pursuant to a decision or ruling of the court.
Based on the above understanding, it can be concluded that the definition of an adopted child is to transfer a child from the authority of his biological parents into the authority of his adoptive parents, to be maintained and treated as his own biological child, so that by itself the adopted child has the same rights and position as a biological child.
Referring to the information you provided, we assume that the prospective child to be adopted (prospective adopted child) is an Indonesian Citizen child. Therefore, child adoption in this case is categorized as a child adoption between an Indonesian Citizen and a foreign citizen.[1]
Child adoptions between Indonesian Citizens and foreigners must be carried out through childcare institutions that have been appointed by the Ministry of Social Affairs. This is as regulated in the provisions of Article 11 jo. Article 42 section (1) Minister of Social Affairs Regulation 110/2009 as follows:
Article 11
Child Adoption between Indonesian Citizens and Foreign Citizens as referred to in Article 9 letter b, is only carried out through a Child Care Institution.
Article 42 section (1)
The prospective adopted child in the case of the adoption of an Indonesian child by prospective adoptive parents who are foreign citizens must be in a Childcare Institution.
Referring to the above provisions and based on our experience, one of the childcare institutions appointed and cooperating with the Ministry of Social Affairs in relation to this adoption is Yayasan Sayap Ibu.
It is important to note that the adoption of an Indonesian child by a foreigner is done through a court decision.[2]
There are 2 (two) requirements that must be fulfilled by prospective adoptive parents related to child adoption, namely material requirements and administrative requirements:[3]
Prospective adoptive parents must fulfill the following requirements:[4]
Ā
Prospective adoptive parents must fulfill the following requirements:[5]
The above prospective adoptive parents' administrative requirements in the form of a copy must be legalized by the institution that issued the document or an authorized institution in accordance with the laws and regulations.[6]
These are the answers we can provide, we hope you will find them useful.
Legal Basis:
[1] Article 7 Regulation of the Government Number 54 of 2007 on the Implementation of Child Adoption (āGovernment Regulation 54/2007ā) and Article 9 letter b Regulation of the Minister of Social Affairs Number 110/HUK/2009 of 2009 on the Requirements on Child Adoption (āMinister of Social Affairs Regulation 110/2009ā).
[2] Article 11 and Article 22 section (1) Government Regulation 54/2007.
[3] Article 43 Minister of Social Affairs Regulation 110/2009.
[4] Article 44 Minister of Social Affairs Regulation 110/2009.
[5] Article 45 section (1) Minister of Social Affairs Regulation 110/2009.
[6] Article 45 section (2) Minister of Social Affairs Regulation 110/2009.
KLINIK TERBARU
Dapatkan info berbagai lowongan kerja hukum terbaru di Indonesia!
Butuh lebih banyak artikel?