Government toughens adoption regulations
Government toughens adoption regulations
Muninggar Sri Saraswati, The Jakarta Post, Jakarta
The government plans to issue a regulation tightening the
conditions and criteria for adopting a child, including a six-
month probation period for prospective adoptive parents.
During the probation period, a social worker will check in on
the prospective adoptive parents and the child, and a positive
report from the social worker will be required to make the
adoption final.
The parents' right to adopt the child can be revoked if they
abandon their obligation to take care of the child, abuse the
child or are sentenced to a minimum jail term of one year.
A child's siblings, relatives, prosecutors or other law
enforcement officials will be given the right to request the
revocation of an adoption.
Both Indonesian and foreign couples will be allowed to adopt a
child if they one or fewer children of their own. Adoptive
parents must be between 30 and 50 years of age, economically and
socially stable and in good health.
To be eligible for adoption, children must have been abandoned
by their parents or family and be in the care of an orphanage or
other children-care institution.
Indonesian couples can adopt children up to the age of 12,
while for foreign couples the age limit is five.
Indonesian couples will be allowed to adopt children directly
from their parents or with the authorization of a district court,
while foreign couples must receive the court's approval.
A foreign couple must also secure a permit from their country
of origin and from the Indonesian social minister to adopt a
child here.
Foreign couples or Indonesian couples who wish to adopt
children through the court must submit a written letter conveying
their intention to a local social affairs agency.
The government regulation will serve as the operating decree
for Law. No. 23/2002 on the protection of children.
The regulation maintains the controversial article in the law
banning parents from adopting children of a different religion
from themselves.
Observers and children's right defenders have criticized the
article, saying it fails to protect the best interest of
children.
According to the draft regulation, if the religion of a child
is unknown, the government will declare his or her religion the
same as that of the majority of residents where the child lives.
The previous law governing the adoption of children was much
less stringent than the new law.
The new law was enacted in response to the government's
decision to ratify the UN Convention on Child Protection.