Difference between revisions of "Indonesia and the Hague Convention"

Revision as of 04:15, 29 December 2014

Pura Taman Ayun Bali Hindu temple.
Source: Wikipedia.org.

Indonesia is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Intercountry adoptions of children from non-Hague countries are processed in accordance with 8 Code of Federal Regulations, Section 204.3 as it relates to orphans as defined under the Immigration and Nationality Act, Section 101(b)(1)(F).

The Indonesian government stipulates that an adoptive child must be of the same religion as the adoptive parents. In the case of a child of unknown origin, it is believed that the Indonesian government will make a determination that the child’s religion will be deemed to be the same as the religious majority in the neighborhood or community where the child was discovered.

There have been a number of instances in which U.S. citizens have been advised by legal practitioners to enter into fostering or adoption arrangements which, even though endorsed by local Indonesian courts, do not meet the requirements of Indonesian adoption law. Adoptions that do not meet these requirements will not meet the requirements for the issuance of U.S. immigrant visas for the children. U.S. citizens intending to adopt a child in Indonesia should not attempt to circumvent proper processes.

U.S. IMMIGRATION REQUIREMENTS FOR INTERCOUNTRY ADOPTIONS

To bring an adopted child to the United States from Indonesia, you must meet eligibility and suitability requirements. The U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) determine who can adopt under U.S. immigration law.

Additionally, a child must meet the definition of orphan under U.S. immigration law in order to be eligible to immigrate to the United States on an IR-3 or IR-4 immigrant visa.

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