Abstract
Adoption is governed by Law No. 23 of 2002 dated 22nd of Oct. 2002 concerning Child Protection; Decree of Minister of Social Affairs No. 44/HUK/1997 dated 31st of July 1997 concerning Fostering of ChildrenWelfare through Adoption; Decree of Minister of Social Affairs No. 2/HUK/1995 dated 25th of Jan. 1995 concerning Completion of Attachment of Decree ofMinister of Social Affairs No. 13/HUK/1993 concerning Implementation of Adoption; Supreme Court Circular Letter No. 2 of 1979 dated 7th of Apr. 1979concerning Adoption; and Supreme Court Circular Letter No. 6 of 1983 dated 30th of Sept. 1983 concerning Completion of Supreme Court Circular Letter No. 2 of 1979 concerning Adoption. An adoption is a legal act that distracts a child from the environment of its parents, legal guardian, or other people responsiblefor the care, education, and parenting, into a family environment with foster parents. It lawful both adoptions between Indonesian citizens and adoptionamong Indonesian citizens and foreigners. However, what is the legal consequences arising from the removal of the child? Is the adopted child could inherit fromtheir foster parents or not? Or is there a way to pass down an inheritance to adopted children who allowed the legislation? Therefore, this article will discuss.
Highlights
Foster child is a child whose rights are transferred from a family of power environments parent or legal guardian, or other person is responsible for the care, education, and raising the child, to the family environment adoptive parents by court decision or determination
Adoption is a legal act which distract a child from the environment of its parents, legal guardian, or other person responsible for the care, education and parenting, into a family environment with foster parents
Qualitative Research with the normative approach, that is take the sources of law such as International Child Adoption, International provisions, Any legal consequences appointment / adoption of the child, Islamic Law, Civil Law or BW, Customary law, Supreme Court, Terms Prospective Foster Parents and The Inheritance
Summary
Qualitative Research with the normative approach, that is take the sources of law such as International Child Adoption, International provisions, Any legal consequences appointment / adoption of the child, Islamic Law, Civil Law or BW, Customary law, Supreme Court, Terms Prospective Foster Parents and The Inheritance. Indonesian citizen adoption by foreign citizen, should be qualified, as follows: a) Obtain written permission from the state government through embassy of applicant or applicant state representative in Indonesia b) Obtain written permission from the minister, and c) Through a childcare institution. Adoption of foreign citizens by Indonesian citizens should be qualified, as follows: a) Obtain written approval from the government of the Republic of Indonesia b) Obtain written consent from the child's home country government. In addition to the requirements referred to above prospective adoptive parents are foreign citizens must meet the following requirements: a) Have resided in Indonesia valid for two (2) years b) Written approval from the state government of the applicant; and c) Make a written statement to report the child's development to the Ministry of Foreign Affairs of the Republic of Indonesia through the local The Republic Representative.
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