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Adopting Children In Indonesia

Government of Indonesia Requirements

Foreign citizens wishing to adopt a child in Indonesia must fulfill a variety of requirements set out by the Government of Indonesia. The Yayasan Sayap Ibu is the only agency in Jakarta licensed by the Dept of Social Affairs to facilitate foreign adoptions. The government is willing to show flexibility on its criteria for foreign adoptions, and in some cases, prospective adoptive couples can apply for a dispensation from the Dept of Soc Affairs should they not meet the criteria for adoption.

Notes:

Disclaimer – These notes are provided as a guide only, the requirements may change and you should obtain an up to date list from the Yayasan Sayap Ibu (YSI).

The adoption process is a lengthy process, similar to many other countries. To facilitate the process there are agents in Indonesia who can assist you, making the process much easier and less frustrating. In addition, they will assist with any language difficulties, have a better understanding of the “Indonesian” way of processing/obtaining documents and also help by having knowledge of Indonesian cultures and customs.

Adopting an Indonesian child is a wonderful and rewarding experience.

There are wonderful advantages to adopting in Indonesia:

You are able to bring the child home before the process is complete (provided child is already 3 months old).

The paperwork takes months not years as in many other countries, and you can see and visit the child whilst you are completing the process.

There are two areas that are not negotiable:

A. You must be a ‘resident’ of Indonesia to adopt an Indonesian child.

B. Indonesia insists on “same religion” adoptions. Most children available for adoption in Indonesia are Muslim, but there is no shortage of Christian children. Note, it is important to ascertain the ‘exact’ religion requirements. For example, if you state your religion as ‘Christian’ this may be considered as different to ‘Catholic’. In addition, clarify any requirements for inconsistent religions between the husband and wife and the prospective child. In general, it is the religion of the adoptive father that may be considered more important.

Step-by-Step Approach to Adoption in Indonesia

1.1 Make an appointment with YSI, Jl Barito II, No 55, Kebayaron Baru (Tel 021 722 1763/ 726 6317) for a consultation on adoption. Both husband and wife should attend. A case worker will discuss the criteria with you as well as your eligibility to adopt.

1.2 Contact your relevant Embassy in Jakarta to obtain an information sheet ‘Procedures for Adoption of Children in Indonesia’.

1.3 Minimum age is 25 years. Maximum age for husband is 45 years, for wife 40 years.

1.4 The couple has been married for at least 5 years.

1.5 Current residency and occupation in Indonesia for a minimum of 2 years.

1.6 Preference is given to childless couples or to those who have one child already and are unable to have any more children.

1.7 Belief in God.

1.8 f you do not meet all the above requirements you may be able to apply for a special dispensation, which must then be approved by the YSI.

1.9 Both parents must appear in court. Character witnesses may also be required to appear, eg. Work colleague and/or your own house staff. Whilst it is not a requirement speaking at least some Indonesian language is considered to be favourable.

1.10 To avoid disappointments it is advisable to process all the required documents and obtain approval prior to locating your potential adopted child.

2. If the YSI determines that you are eligible to adopt, you will need to submit the following documents:

2.1 Health Statement by Medical Practitioner in Indonesia from government hospital for husband and wife (original).

2.2 Statement from an Indonesian Gynecologist regarding involuntary childlessness (original).

2.3 Income statement (original).

2.4 Good Conduct Report from your district Police headquarters for husband and wife (original). Photos are required.

2.5 Statement of motivation for adopting an Indonesian Child*

2.6 Statement from husband and wife stating they will raise the child as if it were there own child (Surat Pernyataan)*

2.7 Statement of Domicile from the concerned Embassy in Jakarta and from the local regent (RT/RW/Lurah/Camat).

2.8 Copy of Husband and Wife’s (and any children) Passports (every page including cover) and KIMS/KITAS.

2.9 Statements from the adoptive parents that they will contact the Indonesian Embassy in the future areas of residence*#

2.10 Three photos (4cm x 3cm) of husband, wife, children (if applicable) and one family photo (if applicable).

2.11 A letter from the concerned Embassy in Jakarta stating that the Embassy has ‘no objection’ to the adoption of an Indonesian child by the adoptive parents.

2.12 A letter from the concerned Embassy in Jakarta stating that the child will be allowed to enter the country after the adoption is granted, and that under adoption legislation an adopted child becomes a child of the adopters as if he had been born to them in marriage.

2.13 The following documents 2.11.1 to 2.11.5 must be authenticated+ by the Embassy of the Country of extraction in Jakarta and the Indonesian Embassy/Consulate of the concerned country of origin.

2.13.1 Letter of approval for adopting an Indonesian child from the concerned Embassy/Consulate in Indonesia.

2.13.2 Marriage Certificate^

2.13.3 Birth Certificates for Husband and Wife

2.13.4 Birth Certificates for any previous children

2.13.4 Letters of approval from the close relatives from both sides supporting your decision to adopt an Indonesian child (note, as this letter has not been issued by a registered government body the letters will first need to be witnessed by a Notary/Justice of the Peace whose signature has been registered with the Department of Foreign Affairs and Trade (DFAT).

+Authenticated does not mean obtaining a stamp that states “This is a true copy of the original...” Authenticated is a two step process. The first step requires the signature that appears on the certificate/letter to be verified by DFAT. The second step requires that the non- Indonesian DFAT signature must then be verified by the equivalent of DFAT in Indonesia ‘.....’ (The second step will usually be completed by YSI as any dealings with Indonesian government bodies are dealt with by the YSI and any dealings with non-Indonesian government bodies are dealt by the prospective adoptive parents).

* These documents must contain two Rp 6000 stamps available from the post office.

^Must be authenticated in the country in which you were married (if, for example, you were married in Singapore, your Marriage Certificate will need to be authenticated by the Singapore Embassy in Jakarta, as well as the Indonesian Embassy in Singapore, and by the Australian Embassy in Jakarta).

Helpful Notes:

You may find that your employer has already obtained some of the above documents in order to issue you with a Kitas, so it definitely worthwhile checking first. If you can contact someone who has already adopted a child in Indonesia, you can use some of the letters as a ‘proforma’, this will assist you when dealing with the various government departments.

3. Locating your potential adopted child. The YSI has very few Christian children, it is up to you to locate your child. Yayasan Mekar Lestari has been very helpful and tends to have more Christian children. Please contact Ibu Lily on phone number xxxx.

3.1 The documents/information required for the potential adoptive child are as follows:

3.1.1 Birth document from the hospital where the child was born, this will show the birth mother and father’s details.

3.1.2 Ascertain the correct religion of the child (this usually follows the religion of the father).

3.1.3 The birth parent/s of the adoptive child must undergo counseling and sign a document which essentially states that the parent/s agree to the child being adopted and any custody rights of the child transfer to the Yayasan Sayap Ibu.

3.1.4 Note, if the child is found at a Yayasan other than YSI, the child must be transferred to YSI and spend a minimum of 2 weeks at YSI (I would recommend you transfer your child to YSI earlier). Many Yayasans are not willing to transfer the  child to YSI or have not had previous dealings with adoptions by foreigners, so I recommend you to visit Yayasan Mekar Lestari as they have previously assisted adoptions to foreigners and are willing to transfer the child to YSI.

4. Once your paperwork has been submitted to the YSI, a home visit by officers of YSI and the Department of Social Affairs (DEPSOS) will be conducted. A six-month foster care agreement will then be signed and the child can be taken home (note the child must be a least 3 months old before he/she can be taken home). The whole process to date, from the time you submit your documents, generally takes around eight months.

5. During the six-month foster care period another home visit may be conducted. At the end of the six-month foster car period the final home visit will be conducted, after which an interdepartmental committee meeting will be held. All documents must be submitted to the committee and if all conditions have been satisified, approval to proceed to court is obtained. Note, this committee only meets two times per year.

6. Upon committee approval, the court date can be set (approx within the next 1-3 months). You will be required to attend court.

7. Approximately 2 - 4 weeks after the Court hearing approving your adoption of an Indonesian child, you will receive the official court order.

8. Upon receipt of the official court order you must apply to the YSI to obtain the child’s birth certificate. The birth certificate must then be endorsed to show yourselves as the adoptive parents (allow approx one month).

9. You are now able to apply for the child’s Indonesian passport. The YSI will provide a letter specifically addressed to the Indonesian Immigration Dept stating that the adoption has been approved and is legal. You will need to produce the child’s birth certificate and copies of your passports and relevant residence and work permits. You also need to provide the court order granting the adoption. Once you have obtained the child’s Indonesian passport, the child is free to leave the country.

10. A guide to the Australian Government criteria for grant of citizenship or permanent residence is as follows (please contact your Embassy for an up to date list):

10.1 At least one adoptive parent be an Australian citizen.

10.2 The child meets the usual health and character requirements for migrant entry to Australia.

10.3 At least one adoptive parent has been resident overseas for more than 12 months prior to the adoption taking place and that residence was not, in the officer’s judgement, contrived to avoid obtaining the approval of the relevant Australian welfare authorities.

10.4 The laws and regulations of the overseas country have been complied with and the child welfare authorities in that country approve of the child traveling to Australia with the adoptive parents (even if the parents do not intend to travel to Australia).

10.5 The rights and best interests of the child would not be infringed by travel to Australia to live with the adoptive parents.

10.6 The adoption order gives full parental rights to the adopters and severs all legal links to the birth parents. Orders, which only grant citizenship, custody or other lesser rights, would not satisfy this requirement.

10.7 For non – Australian criteria please contact your relevant Embassy.

11. The whole process, from the time you submit your paperwork, takes approximately 18 months.

12. Once you have obtained the official court order and the child’s birth certificate (duly noted) you can apply to the Australian Embassy in Jakarta to obtain a Migration Visa granting Permanent Residency and subsequently apply for Australian Citizenship and an Australian Passport.

Support Group

Adoptive families of Indonesia
This is an informal network of families that have adopted children. They meet periodically for coffee and cake and for the children to play. The group also offers advice and assistance to prospective adoptive couples.

Contact: Mary Binks
Tel: 0811 948 693
Email : mary_binks@hotmail.com

Other Sources of Information

www.expat.or.id for more information and articles on adopting children in Indonesia.

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