Adopting from Indonesia
Contents
Hague Convention Information
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.
Who Can Adopt
In addition to U.S. immigration requirements, you must also meet the following requirements in order to adopt a child from Indonesia:
Residency
Prospective adoptive parents (PAPs) must be residents of Indonesia for at least two years with a permit issued by the local authorities (Rukun Tetangga - RT, Rukun Warga - RW, and Kelurahan). The U.S. Embassy in Jakarta can also notarize a sworn statement provided by PAPs in which they provide their address and length of residency in Indonesia.
Foreign national PAPs must be resident in Indonesia and must have been working and living in Indonesia for at least two years prior to the application to adopt. Past experience has shown that if one foreign national parent is resident in Indonesia before the other, s/he may initiate the process as long as s/he has already been resident in Indonesia for at least two years.
In cases where one PAP is a foreign national and the other is an Indonesian citizen, the residency requirement has not applied as long as the Indonesian national has resided in Indonesia to see the adoption process through completion. Such cases are more complicated, and different courts may interpret the law differently.
The U.S. Embassy in Jakarta strongly recommends that PAPs contact the Immigrant Visa Unit at the embassy or Yayasan Sayap Ibu, an Indonesian organization that facilitates inter-country adoptions in Indonesia, for further details. Please note that regardless of residency, both PAPs must appear at the court hearing. Also, PAPs need to obtain separate domicile statements issued by the local authorities (RT, RW, and Kelurahan) and must have a sworn statement notarized at the U.S. Embassy in Jakarta providing their Indonesian address and length of residence.
Age of Adopting Parents
PAPs must be between 30 and 55 years of age at the time of applying for adoption.
Marriage
Individuals wanting to adopt must be married for a minimum of five years. PAPs can be either:
- Childless (PAPs need to present a statement issued by an obstetrician or physician appointed by the Department of Health),
- Have only one child of their own, or
- Have previously adopted an Indonesian child.
If the prospective adoptive mother has borne children in the past, she must no longer be capable of bearing children. Please note that single persons and same-sex couples are explicitly prohibited from adopting in Indonesia.
Income
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. PAPs must state their belief in God and both must appear at the court hearing. Other: 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. PAPs must state their belief in God and both must appear at the court hearing.
If PAPs do not meet all the above requirements, they may be able to apply for a special dispensation, which must be approved by Yayasan Sayap Ibu. It is advisable for PAPs to process all required documents and to obtain approval prior to locating a potential child for adoption.
Other
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Who Can Be Adopted
How to Adopt
Adoption Authority
The Process
Traveling Abroad
After Adoption
SOURCE
Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information