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Procedures for Adoption of Children in Indonesia by Australian Citizens or Permanent Residents
This is a guide to local procedures for adoption of Indonesian children by Australian citizens or permanent residents. The procedures for each are dealt with in different ways by the Indonesian authorities.
Australian Citizens wishing to adopt
Australian citizens wishing to adopt a child in Indonesia should contact the Yayasan Sayap Ibu (Sayap Ibu Foundation), a group appointed by the Department of Social Affairs to handle adoptions by foreigners. The contact details are: Jl Barito II No.55, Kebayoran Baru, Jakarta Selatan 12130, Tel. 021 7221763, 021 7266317.
The Indonesian Department of Social Affairs is the agency designated by government to manage the administration of Indonesian adoption law and regulations. The office is located at Jl Salemba Raya 28, Jakarta 10430 on the 7th floor. The name of the contact officer is Mr Ismet Syaifullah. He can be contacted on 021 3103591 ext 2734 or 2714.
Prospective adopters must satisfy the criteria set out by the Indonesian Government for the adoption of Indonesian children by non Indonesian nationals. There have been a number of instances in which Australians have been poorly advised (including 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 Australian citizenship or for the grant of permanent residence visas.
Australians intending to adopt a child in Indonesia should not attempt to circumvent the proper processes and should be very careful in evaluating advice from third parties.
Australians intending to adopt a child in Indonesia should not attempt to circumvent the proper processes and should be very careful in evaluating advice from third parties.
We strongly recommend that before you enter into any arrangements to foster a child, you make arrangements for the child to undertake a medical check through a doctor identified by the Department of Immigration and Multicultural Affairs (DIMA). This is not a requirement of Indonesian law but will assist in identifying any medical conditions which might potentially affect the child’s eligibility to obtain Australian permanent residency. The list of approved panel doctors is available on the DIMA website www.immi.gov.au.
You should make an appointment to discuss the migration process with the Principal Migration Officer or the Senior Migration Officer (Family). You can do this by sending an email to visas.immijkt@dfat.gov.au requesting an appointment.
Australian permanent residents
Australian permanent residents who are travelling on Indonesian passports wishing to adopt a child in Indonesia are generally regarded as Indonesian citizens and the procedures for adoption are somewhat different. Further information on the procedures can be obtained through the Department of Social Affairs. The contact details are listed above.
Australian Government criteria for the grant of permanent residence
Please note that these criteria apply to both Australian citizens and Australian permanent residents wanting to adopt.
After the adoption has been formalised by the Indonesian Court, the parents may apply to the Department of Immigration and Multicultural Affairs (DIMA) for an Australian permanent resident visa for the child.
Citizenship by adoption is no longer possible as of 8 May 2005.
The following requirements must be met for the grant of a migration visa
- At least one adoptive parent must be an an Australian citizen, a holder of a permanent visa or an eligible New Zealand citizen.
- The child meets health and character requirements for migrant entry to Australia.
- At least one adoptive parent has been resident overseas for more than 12 months prior to the adoption taking place and that residence was not, in the officer’s judgement, contrived to avoid obtaining the approval of the relevant Australian welfare authorities.
- The laws and regulations of the overseas country have been complied with and the child welfare authorities in that country approve of the child travelling to Australia with the adoptive parents (even if the parents do not intend to travel to Australia).
- The rights and best interests of the child would not be infringed by travel to Australia to live with the adoptive parents.
- The adoption order gives full parental rights to the adopters and severs all legal links to the birth parents. Orders, which only grant guardianship, custody or other lesser rights, would not satisfy this requirement.
Once the migration visa has been granted an application for citizenship may be made. Once Australian citizenship has been granted an application for an Australian passport may be lodged. The entire process could take several months.
We also recommend that prospective adoptive parents allow at least 12 months to complete the fostering and adoption processes, and for a decision on the child’s application for Australian permanent residence. These processes must be completed in Indonesia. Attempts to hurry the process may result in adoption orders which do not comply with Indonesian government requirements, and which will not be recognised for Australian citizenship or permanent residence.
Please note: In relation to Indonesian adoption law, this information sheet is intended as guidance only. The Australian Government does not seek to give definitive or binding advice on matters of Indonesian law. Persons seeking such advice have the option of approaching the Department of Social Affairs (DEPSOS) who have the authority to administer Indonesian law and policy in matters relating to adoption and custody.