Indonesia Earthquake Orphans

EMBASSY OF THE UNITED STATES OF AMERICA
JAKARTA, INDONESIA
Consular Section
Jl. Merdeka Selatan No. 5, Jakarta Pusat
Tel. (62-21) 3435-9000, Fax. (62-021) 3435-9922
Consul General: Mary E. Grandfield

ADOPTING CHILDREN IN INDONESIA

This is a guide to local procedures for adoption of Indonesian children by American Citizens. For further information, Americans wishing to adopt a child in Indonesia should contact the Yayasan Sayap Ibu (Sayap Ibu Foundation at Jalan Barito II #55, telephone number +62 21 722-1763,) a group appointed by the Department of Social Affairs to handle adoptions by foreigners. In areas of Indonesia where Yayasan Sayap Ibu is not represented, it is recommended that prospective adopters first inquire with the provincial office of Department of Social Affairs.

The Indonesian Department of Social Affairs is the agency designated by government to manage the administration of Indonesian adoption law and regulations.

Prospective adopters must satisfy the criteria set out by the Indonesian Government for the adoption of Indonesian children by foreigners. There have been a number of instances in which Americans have been poorly advised (by legal practitioners) and have entered into fostering/adoption arrangements which, even though endorsed by local courts, do not meet the requirements of Indonesian adoption law. Adoptions which do not meet these requirements will not meet the requirements for the grant of permanent residence visas.

Note: Americans intending to adopt a child in Indonesia should not attempt to circumvent the proper processes.

Indonesian Government Criteria for Prospective Adopters Prospective adoptive parents will need to meet the following requirements:

* Couples must be between 30 - 45 years of age
* Married for a minimum of 5 years
* Resident in Indonesia for at least 2 years with a permit issued by the local authorities (Rukun Tetangga, Rukun Warga, Kelurahan, Kecamatan), and a letter from the Embassy in Jakarta (a statement of Domicile)
* Couples can be either childless, have one of their own children or have previously adopted an Indonesian child
* Believe in God
* Both parents must appear at the Court hearing
* The adoptive child must be less than 5 years old
* The adoptive child must be in the care of a registered and authorized social welfare organization

Recent legislation also stipulates that an adoptive child must be of the same religion as the adoptive parents. Where the religion of the child's natural parents is not known, the child will be deemed to be Muslim.

Documents required by the Indonesian Department of Social Affairs / Courts

* Letter of no objection to the adoption from the American Embassy (issued by Consular Section) Marriage Certificate (authenticated by the Indonesian Embassy / Consulate in the country of issue).
* Birth Certificate of both parents (authenticated by the Indonesian Embassy / Consulate in the country of issue)
* Birth Certificates of previous children (authenticated by the Indonesian Embassy / Consulate in the country of issue).
* Reference letters from both prospective adoptive parents or close relatives stating that they approve the prospective parents' desire to adopt an Indonesian child.
* Health statement for husband and wife by a medical practitioner at an Indonesian government hospital. Statement from an Indonesian government hospital gynecologist regarding involuntary childlessness.
* Income statement.
* Good conduct certificates from the Indonesian police for both husband and wife.
* Family photos and photos of the home and surroundings.
* Three photos each (3cm x 4cm) of husband and wife.
* Statement from the adoptive parents that they will contact the Indonesian Embassy at future areas of residence (with US Embassy seal).
* Statement of motivation for adopting an Indonesian child (with US Embassy seal).
* Statement of domicile issued by U.S. Embassy in Jakarta and from the local authorities (Rukun Tangga /Rukun Warga / Kelurahan / Kecamatan).
* Photocopy of Work or Residence Permits.
* Photocopy of passports
* A letter from the U.S. Embassy in Jakarta stating that the child will be allowed to enter the United States after the adoption is granted, and that under U.S. adoption legislation an adopted child becomes a child of the adopters as if he/she had been born to them in marriage.

NOTE: All documents must be translated into Bahasa Indonesia by a sworn translator.
Sayap Ibu can assist if required. The foundation can also provide assistance in Court to couples planning to adopt children who are not under the care of the Foundation.

When all the above-listed paperwork is completed, applications for adoption are directed (through Sayap Ibu or another designated social organization) to the Department of Social Affairs who will usually give authority for the child to be released into the adoptive parent's foster care. At this point you are considered to be the child's foster parents. The adoptive parent must complete a minimum period of 6 months of fostering the child before commencing the Court process to finalize the adoption. Monitoring by an Indonesian social worker appointed by DEPSOS (Department of Social Affairs) is a part of this fostering process.

After you have completed the requisite 6 months of foster parenting, fulfilled the two years residency requirement, and have delivered all the necessary paperwork, a court date will be set. The court hearing will officially establish that you are the child's adoptive parents.

Americans intending to adopt a child in Indonesia should not attempt to circumvent the proper processes. In order to obtain a valid court order all adoption must be vetted by an Inter Departmental Committee (the Tim Pertimbangan Perizinan Pangangkatan Anak Antara Warganegara Indonesia dan Warganegara Asing) which authorize foreign adoptions. The court decision must refer to the approval decision made by this committee.

Approximately 2 weeks after the court hearing approving your adoption, you will receive the official court adoption document.

With the court document in hand, you can now apply for your child's Indonesian passport. The child will not be able to depart Indonesia, or be issued a U.S. visa until he/she has a passport.

Requirements for an Indonesian passport include:

* The child's birth certificate
* Copies of both parents' passports and residence/work permits
* Copy of the court adoption decree
* Letter of domicile from parents' lurah stating that it is for the child's passport.
* Affidavit from the U.S. Embassy that the child will not become an American citizen automatically upon adoption

Source: http://www.usembassyjakarta.org/consular/adopting.html

•International Adoption Stories© 2007