Difference between revisions of "How to Adopt from Indonesia"

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Source: Wikipedia.org.

Adoption Authority

Indonesia's Adoption Authority

The Ministry of Social Affairs of the Republic of Indonesia, Directorate of Child Social Service Development

Additionally, Yayasan Sayap Ibu is the only agency in Jakarta licensed by the Ministry of Social Affairs to facilitate inter-country adoptions. In areas of Indonesia where Yayasan Sayap Ibu is not represented, the first point of contact should be the Ministry of Social Affairs.

The Process

The process for adopting a child from Indonesia generally includes the following steps:

1. Choose an adoption service provider
2. Apply to be found eligible to adopt
3. Be matched with a child
4. Adopt [or gain custody of] the child in Indonesia
5. Apply for the child to be found eligible for orphan status
6. Bring your child home

1. Choose an Adoption Service Provider

The recommended first step in adopting a child from Indonesia is to decide whether or not to use a licensed adoption service provider in the United States that can help you with your adoption. Adoption service providers must be licensed by the U.S. state in which they operate. The Department of State provides information on selecting an adoption service provider on its website.

The Ministry of Social Affairs (DEPSOS) has designated a limited number of Indonesian agencies through which all foreign adoptions must be channeled. In Jakarta, the designated agency is Yayasan Sayap Ibu. Foreigners may also seek private legal assistance to facilitate the process of adoption and seek advice and information from certain orphanages.

2. Apply to be Found Eligible to Adopt

In order to adopt a child from Indonesia, you will need to meet the requirements of the Government of Indonesia and U.S. immigration law.

PAPs are strongly encouraged to consider contacting Yayasan Sayap Ibu if they are interested in adopting an Indonesian child from anywhere within Indonesia. PAPs can make an appointment with Yayasan Sayap Ibu (Jalan Barito II, No 55, Kebayaron Baru; Phone: 021 722 1763 / 726 6317) for a consultation on adoption. Both PAPs should attend the consultation. During the consultation, PAPs will meet with a social worker to discuss their motivation, qualifications, and eligibility to adopt.

If Yayasan Sayap Ibu determines that the PAPs are suitable to adopt, both PAPs will have to submit the following paperwork:

1. PAPs' health certificate from an Indonesian government hospital.

2. Health certificate from the Indonesian Government Mental Health Specialist describing the PAPs' mental health.

3. Statement from an Indonesian government hospital gynecologist regarding involuntary childlessness.

4. Copy of both PAPs' birth certificates, authenticated by the Indonesian Embassy in the country of issuance. If there is no Indonesian Embassy in the country of issuance, the PAPs must contact the Indonesian Embassy responsible for providing consular services to that country.

5. Copy of both PAPs' Passports and Residency Permits (KIMS / KITAS).

6. Copy of ID cards for the prospective adoptive child and his/her biological parent(s) and/or a copy of the family card of the child's biological parent(s) and/or proof of religious affiliation of the child's biological parent(s) and/or a court decision regarding the child's religion.

7. Certificate of Good Conduct for the PAPs from Indonesian National Police.

8. Copy of PAPs' marriage certificate, authenticated by the Indonesian Embassy in the country in which they were married, by the Embassy in Jakarta of the country in which they were married, and by the Embassy in Jakarta of their country of origin. (For example if U.S. citizens were married in Singapore, their marriage certificate will need to be authenticated by the Singapore Embassy in Jakarta as well as by the Indonesian Embassy in Singapore. They must also execute a sworn statement certifying their marriage certificate before a consular officer at the U.S. Embassy in Jakarta.)

9. Copy of birth certificates of PAPs' previous children authenticated by the Indonesian Embassy in the country of issuance.

10. Income statement from the PAPs' employers, notarized at the embassy of the PAPs' country or origin, and reviewed and recorded by the Indonesian Department of Foreign Affairs and Department of Law and Human Rights, which has authority to accept or reject such income statements.

11. Family photos of the PAPs and photos of their home and surroundings.

12. Three photos (3x4cm) of each PAP.

13. Statement from the prospective adoptive child, in cases where the child is able to express his/her opinion as determined by DEPSOS.

14. Letter of permission from the prospective adoptive child's biological parent(s) or legal guardian(s).

15. Statement that the adoption is in the child's best interests and is for his/her protection.

16. Statement by the PAPs that they will report the development of the child to the Indonesian Embassy every year until the child is 18 years old.

17. Statement by the PAPs that they will contact the Indonesian Embassy when they move, both within a country or to another country. PAPs need to inform the appropriate Indonesian Embassy of any change of address.

18. Statement by the PAPs that they agree to be visited by a representative from the Indonesian Embassy to monitor and report on the child's development until the child is 18 years old.

19. Statement from the PAPs stating that all documents submitted in connection with the application to adopt are valid and factual.

20. Statement by the PAPS that they will raise the child as if s/he were their own child, with no discrimination, in accordance with the child's rights and needs.

21. Statement by the PAPs that they will notify their adopted child of his/her origins and biological parents based on the readiness of the child.

22. A letter issued by the PAPs' embassy, stating that the PAPs' country of residence has found the PAPs eligible and suitable to adopt intercountry. The U.S. Embassy in Jakarta provides this letter when USCIS has approved the PAPs' Form I-600A.

23. A sworn statement provided by PAPs and notarized at the U.S. Embassy in Jakarta that provides the PAPs' address and length of residency in Indonesia and separate statements of domicile from the local Indonesian authorities (RT, RW and Kelurahan).

24. Letters from close relatives (parents, siblings, aunts, uncles) of the PAPs supporting their intention to adopt an Indonesian child.

25. Social report about the child written by a social worker from the child care agency.

26. Letter of relinquishment from the child's biological mother or legal guardian to a hospital, local police, or a local community. The letter terminates the mother's or legal guardian's parental rights to the child.

27. Handover letter of the child from the social welfare organization to a child care agency (orphanage).

28. Social report about the PAPs written by a social worker from the DEPSOS.

NOTE: All statements must be written on Indonesian stamped duty paper (special paper which is used in Indonesia for legal documents or statements).

When all required paperwork is complete, PAPs can submit the application for adoption to Yayasan Sayap Ibu, which will then forward it to DEPSOS. DEPSOS usually grants permission for the child to be released into the PAPs’ foster care.

To meet U.S. immigration requirements, you may also file an I-600A, Application for Advance Processing of an Orphan Petition with U.S. Department of Homeland Security’s U.S. Citizenship and Immigration Services to be found eligible and suitable to adopt.

3. Be Matched with a Child

If you are found eligible to adopt, and a child is available for intercountry adoption, the central adoption authority or other authorized entity in Indonesia will provide you with a referral. Each family must decide for itself whether it will be able to meet the needs of and provide a permanent home for a particular child.

The child must be eligible to be adopted according to Indonesia’s requirements, as described in the Who Can Be Adopted section. The child must also meet the definition of orphan under U.S. immigration law.

Once the PAPs submit their adoption application to Yayasan Sayap Ibu, officers of Yayasan Sayap Ibu and DEPSOS will conduct a home visit. If the PAPs are determined to be eligible to adopt, PAPs will sign a six-month foster care agreement so that the child can be taken to the PAPs’ residence in Indonesia. (Note: The child must be a least three months old before he/she can be taken home.) The entire process, from the time the PAPs submit their documents until they can take the child home, generally takes around six to nine months.

During the six-month foster care period, another home visit may be conducted. Monitoring by an Indonesian social worker appointed by DEPSOS is also a part of this fostering process.

At the end of the six-month foster care period, the final home visit will be conducted, after which an inter-departmental committee meeting will be held. Members of the Inter-Departmental Committee are: DEPSOS, Department of Justice, Department of Health, Department of Home Affairs, Department of Foreign Affairs, Department of Religious Affairs, Police Headquarters, Office of the Attorney General, and Office of the Coordinating Minister for People’s Welfare. The Inter-Departmental Committee (known as Tim PIPA) is a forum for cross-agency coordination that advises DEPSOS on granting adoption permits to foreign nationals in a comprehensive and integrated manner. All necessary documents must be submitted to Tim PIPA and if all conditions have been satisified, approval to proceed to court is obtained. Please note that this Tim PIPA only meets twice per year.

NOTE: If the child is at an orphanage other than Yayasan Sayap Ibu, the child must be transferred to Yayasan Sayap Ibu and must spend a minimum of two weeks at Yayasan Sayap Ibu before becoming available for intercountry adoption. In these cases, we suggest that PAPs transfer the prospective adoptive child to Yayasan Sayap Ibu as soon as possible.

4. Adopt or Gain Legal Custody of Child in Indonesia

The process for finalizing the adoption (or gaining legal custody) in Indonesia includes the following:

• Role of Adoption Authority: The Ministry of Social Affairs of the Republic of Indonesia, Directorate of Child Social Service Development is the agency designated by the Indonesian government to manage the administration of Indonesian adoption law and regulations.

• Role of the Court: One to three months after Tim PIPA approves (see the section “Be Matched with a Child” above), a final court date will be set. Both PAPs are required to attend the court session. The court hearing will officially establish the PAPs as the child's adoptive parents. Approximately three weeks after the court has approved the adoption, the PAPs will receive the official adoption decree.

• Role of Adoption Agencies: Yayasan Sayap Ibu has been designated by the Ministry of Social Affairs to handle intercountry adoptions. In areas of Indonesia where Yayasan Sayap Ibu is not represented, the first point of contact should be the Ministry of Social Affairs.

• Adoption Application: U.S. citizens wishing to adopt a child in Indonesia should start by contacting Yayasan Sayap Ibu or DEPSOS.

There are several required documents that prospective adoptive parents must complete before directing their application through Yayasan Sayap Ibu or another designated social organization to DEPSOS. In order to obtain a valid adoption decree, all intercountry adoptions must be vetted and authorized by Tim PIPA. The final court decision must refer to the approval decision made by this committee.

• Time Frame: Adoption procedures can take from 12 to 18 months.

• Adoption Fees: The legal fees paid to Yayasan Sayap Ibu for adoption are approximately US$ 800.00. Please note that the fee does not include passport fees, document translation fees, court fees, and document authentication fees.

• Documents Required: See list of documents in Section 2 “Apply to be Found Eligible to Adopt” above. All documents must be translated into Indonesian (Bahasa Indonesia) by an official sworn translator. PAPs may obtain the list of sworn translators from the U.S. Embassy Jakarta’s website. Yayasan Sayap Ibu can assist with translation if necessary. NOTE: Additional documents may be requested.

• Authentication of Documents: Authentication of signatures of Indonesian officials who notarize original documents include:

1. The original document must first be authenticated by the District Court having jurisdiction over the office issuing the document.

2. The Department of Justice & Human Rights must then authenticate the signature of the District Court Judge or person authorized to authenticate the document.

3. The Department of Foreign Affairs then authenticates the signature of the officer from the Department of Justice and Human Rights.

4. After the above steps are completed, the original document with these authenticating signatures can be brought to the American Citizen’s Services Unit in the Consular Section of the U.S. Embassy in Jakarta for authentication. The Embassy’s authentication certificate will be securely attached to the original document, bearing the consular officer's signature and seal. Appointments for this authentication/notary service may be made online through the U.S. Embassy’s website at: jakarta.usembassy.gov/us-service/acs-appts.html.

5. The fee for this service is US $50.00 per seal, only payable in Rupiah or by credit card.

5. Apply for the Child to be Found Eligible for Adoption

After you finalize the adoption (or gain legal custody) in Indonesia, the Department of Homeland Security, U.S. Citizenship and Immigration Services must determine whether the child meets the definition of orphan under U.S. immigration law. You will need to file a Form I-600, Petition to Classify Orphan as an Immediate Relative.

6. Bring Your Child Home

Once your adoption is complete (or you have obtained legal custody of the child), you need to apply for several documents for your child before you can apply for a U.S. immigrant visa to bring your child home to the United States:

1. Birth Certificate

If you have finalized the adoption in Indonesia, you will first need to apply for a new local birth certificate for your child. Your name will be added to the new birth certificate. If you have been granted custody for the purpose of adopting the child in the United States, the birth certificate you obtain will, in most cases, not yet include your name. Yayasan Sayap Ibu will assist PAPs in obtaining the birth certificate for their adopted child.

2. Indonesia Passport

Your child is not yet a U.S. citizen, so he/she will need a travel document or passport from Indonesia. With the adoption decree in hand, the parents can apply for the 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:

1. The adopted child's birth certificate;

2. Copies of both parents' passports and residence/work permits;

3. Copy of the court adoption decree; and

4. The fee of IDR 655,000.00.

The process of getting an Indonesian passport can take up to two weeks. Once in possession of the child's Indonesian passport, the embassy can begin processing the child's immigrant visa.

3. U.S. Immigrant Visa

After you obtain the new birth certificate and passport for your child and you have filed Form I-600, Petition to Classify Orphan as an Immediate Relative, you then need to apply for a U.S. immigrant visa for your child from the U.S. Embassy in Jakarta. This immigrant visa allows your child to travel home with you. As part of this process, the Consular Officer must be provided the Panel Physician’s medical report on the child.

You can find instructions for applying for an immigrant visa on the U.S. Embassy in Jakarta’s website.

To learn more about the Child Citizenship Act please read The Child Citizenship Act of 2000.

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