Adoption
Adoption (pengangkatan anak) rests on art. 39 of the Child Protection Law as amended in 2014 and on Government Regulation No. 54 of 2007. It may be done only in the child's best interests, according to local custom and statute; it does not sever the child's blood ties with the birth parents; it must be entered in the child's birth certificate without erasing the child's original identity; the adopters must share the child's religion; and adoption of an Indonesian child by a foreigner is a last resort (Law 35/2014, art. 39(1)-(4)). Indonesia does not appear in the status table of the 1993 Hague Intercountry Adoption Convention updated on 17 June 2025.
Two routes exist between Indonesian citizens: adoption by local custom, which applies within a community that still practises its customs and may be submitted to a court for confirmation (arts. 8 and 9), and adoption under statute, either directly or through a licensed child-care institution, which is always done by court order (art. 10). A child may be adopted only if under 18, neglected or abandoned, in the care of a family or an institution and in need of special protection; children under 6 are the priority, children from 6 to under 12 only for urgent reasons, and those from 12 to under 18 only if they need special protection (art. 12). If the child's origin is unknown, the child's religion is taken from the majority of local residents (art. 3(2)).
The adopters must be physically and mentally healthy, aged 30 to 55, of the same religion as the child, of good conduct with no criminal record, married for at least five years, not a same-sex couple, without children or with one child only, economically and socially able, with the written permission of the child's parents or guardian and the child's own consent, and must have cared for the child for at least six months from the grant of a fostering permit and hold the permission of the Minister of Social Affairs and/or the head of the social agency, on the basis of a social worker's report (art. 13). A single parent may adopt only if an Indonesian citizen and with the Minister's permission (art. 16). A person may adopt at most twice, with at least two years between the two adoptions; twins may be adopted together (art. 21).
A foreigner adopting an Indonesian child needs the written permission of his or her own government through its embassy, the written permission of the Minister, and must go through a child-care institution (art. 14); in addition he or she must have lived lawfully in Indonesia for at least two consecutive years, hold the home government's written approval and sign a written undertaking to report on the child to the Ministry of Foreign Affairs through the Indonesian mission (art. 17). The report is due at least once a year until the child reaches 18 (art. 40), and the adoption of an Indonesian citizen by a foreigner who lives abroad must still take place in Indonesia (art. 24). An Indonesian adopting a foreign child needs the written approval of both the Indonesian government and the child's country of origin (art. 15). The US State Department's country page, updated on 19 August 2025, says adoptions between the United States and Indonesia remain possible outside the Convention, that an organisation called Yayasan Sayap Ibu is designated for intercountry cases, that the process takes about 12 to 18 months and that its legal fees are about USD 2,000 excluding court and document costs.
After the order, the adopters must tell the child about his or her origin and birth parents, at a time suited to the child's readiness (art. 6). The Regulation provides for supervision of individuals, child-care institutions, maternity hospitals, midwifery practices and social homes for children (art. 34), and anyone may complain in writing, with proof of identity and initial data, to law enforcement, the Indonesian Child Protection Commission (KPAI), the local social agency or the Minister (art. 38). For Muslims, the elucidation of art. 49 of the 2006 Religious Courts Law lists among the religious courts' powers 'the determination of a child's origin and the determination of adoption under Islamic law', and the Compilation of Islamic Law defines an adopted child as one whose upkeep and education pass from the birth parents to the adopters by court decision (art. 171(h)).
Key points
| Legal basis | Child Protection Law art. 39 (as amended by Law 35/2014); Government Regulation 54/2007 |
|---|---|
| Child | Under 18, neglected or abandoned, in family or institutional care, in need of special protection; under 6 is the priority (art. 12) |
| Adopting couple | Aged 30 to 55; married at least 5 years; same religion as the child; no criminal record; no children or one child (art. 13) |
| Care before the order | At least 6 months from the fostering permit (art. 13(l)) |
| Permission | Minister of Social Affairs and/or head of the social agency, on a social worker's report (art. 13(k)-(m)) |
| Single applicant | Only an Indonesian citizen, with the Minister's permission (art. 16) |
| Number of adoptions | At most 2 per person, at least 2 years apart; twins together (art. 21) |
| Foreign adopter | 2 consecutive years' lawful residence, home government's written approval, through a child-care institution (arts. 14 and 17) |
| Birth parents | Blood ties not severed (art. 4); adoption entered in the birth certificate without removing the original identity (Law 35/2014, art. 39(2)-(2a)) |
In practice
- Check the conditions in art. 13 before approaching an institution: the age window of 30 to 55, five years of marriage and the requirement that the child shares your religion (art. 3), which for a child of unknown origin is the majority religion of the place where the child was found.
- Decide the route: direct adoption or adoption through a child-care institution that holds the Minister's licence (art. 10); a foreign applicant must use an institution (art. 14(c)).
- Collect the documents the Regulation lists: a social worker's report, the written permission of the child's parents or guardian (art. 13(i) and (k)), a written statement that the adoption serves the child's best interests (art. 13(j)) and, for foreigners, their government's written approval.
- Obtain the Minister's or the social agency's permission and care for the child for six months from the fostering permit before the court hears the petition (art. 13(l)-(m)); the court then sends a copy of its order to the relevant agency (art. 20(2)).
- After the order, have the adoption recorded in the birth certificate (Law 35/2014, art. 39(2a)); a foreign adopter files the yearly report through the Indonesian mission until the child is 18 (art. 40).
Cost and coverage
The Regulation sets no fee. The US State Department page gives about USD 2,000 as the legal fee of Yayasan Sayap Ibu for an intercountry case, excluding passports, translations, court costs and authentication; the sources opened give no court fee.
Recent changes
The HCCH status table of the 1993 Hague Convention, last updated on 17 June 2025 and counting 107 Contracting Parties, does not list Indonesia; the US State Department's page of 19 August 2025 repeats that Indonesia is not a party and that adoptions to the United States go through the non-Convention route.
Where to go
- The court (pengadilan) that issues the adoption order; the Regulation does not name which court, and the Religious Courts Law gives the religious court the power to decide adoption under Islamic law between Muslims.
- The Ministry of Social Affairs, whose Minister issues the adoption permission and which holds all adoption records (arts. 1(9), 13(m) and 41).
- The local social agency (instansi sosial), which can also grant permission and receives complaints (arts. 13(m) and 38).
- Child-care institutions licensed by the Minister to run the adoption process (art. 1(5)).
- Indonesian embassies and consulates, which receive the yearly reports of foreign adopters (art. 40).
Worth knowing
Art. 16 of the Regulation reserves adoption by a single parent to Indonesian citizens, with the Minister's permission, which the Minister may delegate to the provincial social agency; a foreign applicant must therefore be part of a couple married for at least five years, which is how the US State Department page, written for foreign adopters, summarises the rule ('single individuals are prohibited from adopting').
Frequently asked questions
Can a foreigner adopt an Indonesian child?
Only as a last resort (Law 35/2014, art. 39(4)) and on strict terms: the Minister's written permission, the home government's written approval, two years' lawful residence in Indonesia, a child-care institution as intermediary and a court judgment (Government Regulation 54/2007, arts. 5, 14, 17 and 22).
Does an adopted child lose the link with the birth parents?
No: art. 4 of the Regulation and art. 39(2) of the Child Protection Law state that adoption does not cut the blood relationship, and the adoption is entered in the birth certificate without erasing the child's original identity (art. 39(2a)).
Can an unmarried person adopt?
The general rule requires a marriage of at least five years (art. 13(e)); the exception is art. 16, under which a single Indonesian citizen, but not a foreigner, may adopt with the Minister's permission.
Sources
- Government Regulation No. 54 of 2007 on the Implementation of Adoption (Peraturan Pemerintah Nomor 54 Tahun 2007, 3 October 2007), text on the Ministry of Finance legal database (JDIH Kemenkeu) — arts. 1 to 6, 8 to 17, 20 to 24, 34, 38, 40 and 41
- Law No. 35 of 2014 amending Law No. 23 of 2002 on Child Protection (Undang-Undang Nomor 35 Tahun 2014), PDF on the Ministry of Finance legal database (JDIH Kemenkeu) — art. 39 (adoption), as printed in the amending law
- HCCH, status table of the Convention of 29 May 1993 on Intercountry Adoption (last update 17 June 2025) — Indonesia absent from the table (107 Contracting Parties, last update 17 June 2025)
- US Department of State, Intercountry Adoption -- Indonesia country information (page updated 19 August 2025) — non-Convention route, designated organisation, timing, fee, page dated 19 August 2025
- Law No. 3 of 2006 amending Law No. 7 of 1989 on Religious Courts (art. 49 and its elucidation), official PDF on the BPK legal database — elucidation of art. 49(a), item 20: adoption under Islamic law
- Compilation of Islamic Law in Indonesia (Kompilasi Hukum Islam, Presidential Instruction No. 1 of 1991), scanned book (262 pages) hosted on Wikimedia Commons (unofficial copy of the published book) — art. 171(h): definition of the adopted child
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