Foreigner’s Guide to Legal Adoption

A lawful path to parenthood in Indonesia exists: adopting a child. Legal adoption isn’t merely a means to provide a family for a child, but also an approach to ensure the child’s well-being and protection. Moreover, formal adoption helps prevent unethical practices, such as the buying and selling of children between biological and adoptive parents.

Adoptions in Indonesia must be formalised through a court ruling. Before reaching this stage, however, several legal requirements and procedures must be fulfilled, as outlined in Government Regulation No. 54 of 2007 on the Implementation of Child Adoption.

Who can be adopted?
 

According to the Indonesian Ministry of Finance’s legal information platform (jdih.kemenkeu.go.id), a child eligible for adoption must be under the age of 18, with children aged 6 and under given top priority.

- Children aged 6 to 12 may be adopted only in urgent circumstances, such as abandonment or neglect.
- Children over 12 years old may be adopted if they are in need of special protection.

Key steps and requirements involved as a foreigner
 

Indonesia’s adoption laws are designed to prioritise the rights and protection of the child above all else. What about in the case of a foreigner wishing to adopt an Indonesian child? 

International adoptions are tightly regulated, and only a select number of authorised agencies may facilitate them. A written approval from a foreigner’s home country’s government, typically provided by the relevant ministry or child welfare agency, is highly required. So is their history of already residing in Indonesia for at least two years prior to applying for adoption.

Step 1: Initial contact and assessment
 

Begin the process by reaching out to an authorised agency to express your interest. A preliminary interview with a social worker will be conducted to evaluate your motivation and overall suitability for adoption.

Eligibility criteria for a prospective foreign parent slightly differ from those of an Indonesian. Below are the details:

- Age: Both prospective parents must be between 25 and 45 years of age (with some flexibility—husbands may be up to 45, wives up to 40).
- Marital status: Applicants must have been legally married for at least five years.
- Residency: A minimum of two years of residence in Indonesia is required, along with formal permission from both the local regent and your embassy in Jakarta.
- Parental background: You may already have biological or previously adopted children. However, those who have adopted a child from another country are not eligible to adopt in Indonesia.
- Religious belief: A demonstrated belief in God is required.
- Court appearance: Both partners must be present for court proceedings related to the adoption.
 

Step 2: Submission of required documents
 

If deemed eligible by the adoption agency, you will need to provide a detailed set of documents to the Department of Social Affairs, including:

- Authenticated marriage certificate
- Authenticated birth certificates for both parents and any existing children
- Letters of support from close family members
- Medical reports for both parents from an Indonesian government hospital
- Infertility statement (if applicable) from an Indonesian government-certified gynaecologist
- Verified proof of income
- Police-issued good conduct certificates for both parents
- Recent family and home environment photographs
- Three individual passport-style photos of each parent
- Official statement committing to contact the Indonesian Embassy in your future country of residence (with an official stamp)
- Statement explaining your motivation to adopt (with an official stamp)
- Letters confirming domicile from both your local regent and your embassy in Jakarta
- Valid work permit
- Photocopies of both passports and KIMS (Temporary Stay Permits)
- A letter from your embassy confirming that the child will be granted entry into your home country and legally recognised as your child
 

Note: All English-language documents must be officially translated into Bahasa Indonesia by a sworn translator. 

Step 3: Fostering period
 

After document verification and confirmation that you have resided in Indonesia for at least two years, the Department of Social Affairs may approve a fostering arrangement. During this period—lasting no less than six months—the child will live with you under the supervision of a local social worker who will conduct periodic home visits to assess the child’s adjustment and well-being.

Step 4: Court proceedings
 

Once the six-month fostering period is successfully completed and the three-year residency requirement is fulfilled, you may proceed to the official court hearing. This legal proceeding formally establishes you as the adoptive parents.
 

Step 5: Final adoption certificate
 

Approximately two weeks after the court hearing, you will receive the official adoption decree, finalising the legal status of the child as part of your family.
 

Step 6: Applying for an Indonesian passport for the child
 

With the adoption finalised, you may apply for your child’s Indonesian passport, which is essential for international travel and visa issuance. Required documents include:

- The child’s birth certificate
- Copies of both adoptive parents’ passports and valid residence/work permits
- A copy of the court-issued adoption decree
- A domicile letter from your legal representative, indicating that the passport is for the child
- An affidavit from your country’s embassy confirming that the child will not automatically acquire foreign citizenship through the adoption
- A processing fee of Rp50,000
 

How about an Indonesian wishing to adopt a child of foreign nationality?
 

The Indonesian must obtain approval from both the Indonesian government and the child’s country of origin. The Ministry of Social Affairs generally grants this permission and may be delegated to the head of the provincial social agency.

Indonesian nationals can only be considered eligible to adopt a child, given that they meet the criteria, including:

- Be physically and mentally healthy
- Be between 30 and 55 years old
- Share the same religion as the prospective adoptee
- Have a clean criminal record and no history of criminal activity
- Be legally married for at least five years
- Not of a same-sex couple
- Have no children, or only one biological or adopted child
- Be financially and socially stable
- Obtain consent from the child (if applicable) and written permission from the child’s biological parents or legal guardians
- Submit a written statement declaring that the adoption is in the best interest of the child and intended to ensure their welfare and protection
- Undergo a home study and social report by a certified social worker
- Have cared for the prospective adoptee for at least six months following official foster care approval
- Obtain official approval from the Minister of Social Affairs and/or the head of the relevant social agency