Adoption law 'encourages' illegal adoption

Sari P. Setiogi, The Jakarta Post, Jakarta

Despite its enforcement, the controversy surrounding Law No. 23/2002 on child protection is not subsiding at all, and it may have contributed to an increase in child trafficking, a leading activist says.

The government-sanctioned adoption agency Sayap Ibu Foundation claimed they were experiencing a decline in the number of legal adoptions since the enactment of the law.

"Fewer and fewer abandoned children have been adopted as only a few have been brought to the foundation," chairwoman of the Yogyakarta-based foundation, Ciptaningsih Utaryo, told The Jakarta Post on Thursday.

Most of the children brought to Sayap Ibu were either mentally retarded or had serious physical disabilities, as some were victims of failed abortions. Many of them are unwanted children from out-of-wedlock couples.

"If this is a sign of a wealthier community, then it is no problem. However, I'm afraid it disguises an increase in illegal adoptions out there," Ciptaningsih said.

One of the contentious issues in the law is the article that requires all parents who want to adopt to be of the same religion as the child.

"Since the very beginning, I have opposed such legislation. Why should we bother about a child's religion? Many of them are infants who do not even understand religion yet. They just need a loving, caring family," she said.

The law, she added, might prevent a child from being adopted by a family merely because of the difference in religion and thus give an impetus for illegal adoptions.

"Religion matters only in cases of foster parents. I cannot understand if a child's religion is taken into account. It is a type of discrimination," she said.

She expressed a fear that illegal adoption, baby "marketing" and child trafficking would increase if the discriminatory practice remained unresolved.

"Many people could easily go to a hospital, meet women who do not want their babies, pay some money and take the babies. That is child trafficking," said Ciptaningsih.

Adopting a child through the Sayap Ibu Foundation will take at least a year, while through the unofficial agents, it might take only a few months.

Only couples who have been married for at least five years, and have written authorization from each of their parents, are eligible for adoption. The foundation will also make several visits to the home of the prospective parents.

"We do not charge the parents. They only need to pay for the court processing," she said.

Adoption documents are issued by the Ministry of Social Services and authorized by a court.

Foreign couples can also adopt Indonesian children, if they have been residing in the country for at least two years.

The law, however, states that adoption by foreign couples is the last resort.

Ciptaningsih said the foundation had, since 1982, given priority to Indonesian couples. Its office in Yogyakarta has not allowed foreign couples to adopt in more than 20 years.

"Since 1982, we've recommended to foreigners who want to adopt an Indonesian child to contact our office in Jakarta. However, in practice, many of them (the foreigners) do not end up adopting from us, although they often consult us," she said.

The foundation made child adoption by foreigners available in 1972.

"We still keep in touch with the children of foreigners to this day. When they visit Indonesia with their families as tourists, they often come to my office. Many want to see which bed they used to have here," said Ciptaningsih.

"Foreign couples are more compassionate when adopting children. They are not as concerned if a child is physically disabled. They usually have good rehabilitation centers in their countries, which eventually allow the children to have normal lives," she added.

She said all 23 of the children adopted by Australian couples through the foundation were born with physical impairments.

"Indonesian couples are more picky. Once they discover that a child has a physical disability, they will reject the child," she explained.

Sayap Ibu Foundation

In Yogyakarta: Jl. Rajawali III, Pringwulung, Sleman, Yogyakarta Ph. +62-21-514-068

In Jakarta: Jl. Barito II/55, Jakarta Selatan Ph. +62-21-722-1763