Woman can not adopt abandoned child because she is not of majority religion.

[dafluff]

A national law, Government Regulation no. 54/2007 on Adoption, states in article 3, “In cases in which the origin of the child is unknown, then the child’s religion is conformed to the religion of the majority of the local population.”

And because in Indonesia, adoptive parents can only be given custody of children from the same religion, members of minority religions are effectively barred from adopting abandoned babies.

I can see the reason such law exists, its the same reason blasphemy laws exist. Too many Indonesians absolutely lose any sense of rationality when dealing with religion. Absolutely medieval, and another reason why Indonesia may never unlock its potential.

https://coconuts.co/jakarta/news/vi...ty-religion-pulls-heartstrings-indonesia/amp/

 

[Puspawarna]

That's a horrible story. Is there anything in the Qur'an or a sura to support this crazy law?

 

[dafluff]

That's a horrible story. Is there anything in the Qur'an or a sura to support this crazy law?

Not sure. However, the law says majority religion of the region. So in Bali the baby would be assumed to be Hindu...in NTT presumably Catholic.

 

[brian@bekasi]

This post is very timely for me. We have taken responsibility for a baby born last weekend and are in the process of registering the necessary paperwork. The baby was unwanted by her mother so we have paid all hospital expenses and the baby is now with our family in Manado.

Fortunately we are christian and so is Manado. Our problem will relate to age and not religion as I far exceed the maximum limit. In the end I suspect we will register a form of fostering agreement in court and not adoption.

This was not a planned move and only came about because our family alerted us to the babies circumstances a few days ago. A big decision at my age but we can afford to provide the baby with a family and home. My wife will need to make adjustments as she runs her own business but she is happy to do this.

We certainly are on the lookout for a nanny!

 

[Asun]

I guess no adoption prospect for an atheist parents wannabe in Indonesia.

 

[Bad_azz]

Laws like this exist all over the world. Lots & lots of regulations re adoption.
Not about pro-Islam or anything to do with blasphemy - I think that that is being unfair.
It is about trying to match the child to its culture & looking long into the future when the child is aware and can have a say on matters. & potentially to the death of the child & its spiritual future.

As an example let's assume this child does get adopted by the woman & at some point in the future some DNA or other techie thing comes up that can ID the child & its birth family. The birth family might well be Islamic, yet the child has been reared in a Christian household, in a country such as Indonesia where religion is very important this could create a huge turmoil for the child.
Conversely you might argue that the child might be ID-ed as from a Christian birth family yet has been reared as moslem... the law is stepping in to support this because Islam is the majority religion in the area the child will live, so the child is less likely to face turmoil and trauma during their growth as they will be a part of a majority rather than a minority. (gosh I hope that makes sense... so I can see why they do these things, yet the love and warmth and adoptive-family support factors always seem to be pushed down the list of priorities in such matters- grr)
​

Its a very fine line globally & very hard to legislate on as obviously the subject matter is all about individuals & there are not enough studies to inform the powers that be on what is going to work.
So change is hard to push through- especially on matters that are sensitive, such as culture, religion & sexuality...

I can't understand why Indonesia has so many orphanages yet barely any offical, registered & trained foster parents.

I spent years fostering & I would like to think it has an enormously positive impact on the children providing the basics of food shelter emotional warmth & access to support & education systems... whilst maintaining the child's identity & connection with birth family (where possible).
UN regulations: "
The UN Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally was adopted by General Assembly resolution 41/85 of 3 December 1986. The UN Declaration Relating to the Welfare of Children reaffirms principle 6 of the Declaration of the Rights of the Child, according to which, "The child shall, wherever possible, grow up in the care and under the responsibility of his parents and, in any case, in an atmosphere of affection and of moral and material security."[33] Article 17 affirms the principle of subsidiarity in these terms: "If a child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the country of origin, intercountry adoption may be considered as an alternative means of providing the child with a family." Article 24 requires Member States to consider the child's cultural and religious background and interest. The Declaration encourages States not to hurry the adoptive process. Article 15 states, "Sufficient time and adequate counselling should be given to the child's own parents, the prospective adoptive parents and, as appropriate, the child in order to reach a decision on the child's future." "

http://www.pbs.org/newshour/rundown/texas-adoption-jews-gays-muslims/

http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=2461&context=ilj

Whether we like it or not religion plays a massive part in law making and other factors of life globally.

 

[Bad_azz]

& yes, I agree on the emotional side of things that this particular child most likely lost out on a future that could have been outstanding with a respected & good family. So it is a very sad case. I am sure the woman will continue to take an interest in the child though ... well I would like to think so, I know I would.

 

[Bad_azz]

I guess no adoption prospect for an atheist parents wannabe in Indonesia.

Under Indonesian rules ya gotta subscribe to one of the recognised religions- so I would advise that you don't voice your inner athiest publicly & definitely not to any government body ...
So for adoption purposes one goes with what is on the KTP/ KTP OA, or on the spouse's KTP (cos obviously as per the adoption regulations the parents have to have the same faith).

 

[Puspawarna]

This post is very timely for me. We have taken responsibility for a baby born last weekend and are in the process of registering the necessary paperwork. The baby was unwanted by her mother so we have paid all hospital expenses and the baby is now with our family in Manado.

Fortunately we are christian and so is Manado. Our problem will relate to age and not religion as I far exceed the maximum limit. In the end I suspect we will register a form of fostering agreement in court and not adoption.

This was not a planned move and only came about because our family alerted us to the babies circumstances a few days ago. A big decision at my age but we can afford to provide the baby with a family and home. My wife will need to make adjustments as she runs her own business but she is happy to do this.

We certainly are on the lookout for a nanny!

Congratulations to you and I hope you enjoy your late-life fatherhood, even if it is unofficial.

 

[brian@bekasi]

Congratulations to you and I hope you enjoy your late-life fatherhood, even if it is unofficial.

Thank you. You know that the decision took my wife and I about 10 seconds. We are not rich but we are certainly not poor so providing a family to an abandoned baby is something that seems so right. Hopefully I will be able to provide this child with more attention and time as I am an ex work alcoholic who missed a lot with my other children..

 

[dafluff]

I am a bit curious how they define "local area"...the law doesn't explicitly say. Is it province? Regency? Something smaller?

They should just spin a bottle and let "God" choose.

 

[sumyunggai]

I am a bit curious how they define "local area"...the law doesn't explicitly say. Is it province? Regency? Something smaller?

They should just spin a bottle and let "God" choose.

The law says 'penduduk setempat'. And it's originally in the 2002 UU, not 2007.

That would typically be 'Rukun Tetangga' and it's quite a small area, however of course not every RT is 100% of the same religion.

 

[Mark2017]

Thank you. You know that the decision took my wife and I about 10 seconds. We are not rich but we are certainly not poor so providing a family to an abandoned baby is something that seems so right. Hopefully I will be able to provide this child with more attention and time as I am an ex work alcoholic who missed a lot with my other children..

The same thing has just happened to us Brian..
My wife wants to make immediate action as I try to figure out the legalities. All we know is the baby isn’t being fed properly and her lips are blue/black. My wife is sending a nurse to the village to check on her welfare as we are currently overseas.

 

[brian@bekasi]

The same thing has just happened to us Brian..

My wife wants to make immediate action as I try to figure out the legalities. All we know is the baby isn’t being fed properly and her lips are blue/black. My wife is sending a nurse to the village to check on her welfare as we are currently overseas.

The legal side is very straight forward. If you as a foreigner are under 45 and your Indonesian wife is under 40 you can adopt but it is a long drawn out process. The Sayap Ibu Foundation in Jakarta must approve you as adoptive parents and make recommendations to the Government department. The foundation is only authorised agency and it worth visiting then and having a chat.

As we did not qualify we made other arrangements through our family. PM me if you want further details.

All the best with your endeavours and it is a good thing you are doing.

 

[Mark2017]

Thanks Brian, I’ll get in touch.

Cheers

 

[jstar]

The law says 'penduduk setempat'.

That would typically be 'Rukun Tetangga' and it's quite a small area, however of course not every RT is 100% of the same religion.

Hmm, quite often I hear 'people from Jakarta' for instance be referred to as peduduk setempat. And then we talk 8-25 million depending on interpretation...

 

[Fred]

Numbers game, and reasonable considering how seriously religion is taken here.
The kid is brought up in the most likely religion for the region so, if it is eventually identified and returned to family, the jump is lessoned.

No real issue and no better solution unless Indonesia introduces a DNA dstabase so any foundlings can be identified.

 

[Dan]

That's a horrible story. Is there anything in the Qur'an or a sura to support this crazy law?

Adoption is an unusual subject in Muslim circles. Generally, the family name and tribal affiliations of the biological parents are to be maintained. For example, Muhammad emancipated and adopted a slave as his own son, yet set the precedent that his adopted son would not bear his name for fear it would dishonor his biological parents. Any child adopted by Muslims is Muslim.

Similarly, no Muslim child is ever officially allowed to become an apostate. For example, in almost all divorce cases, a mother is automatically awarded custody of her children. However, if the mother is a Christian or Jew, then the father or another member of the father's Muslim household is awarded custody. In absolutely no circumstances in a mixed-religion household are the children allowed to hold any religion other than Islam. Hypothetically, if someone such as myself were to become an apostate, my wife would be obliged to divorce me and retain custody of our children for fear that their Islamic religion would be threatened.

I believe this law is informed by Islam, but like the marriage law is passed off as being somehow "neutral." The truth is that Muslims are very sensitive about the issue of apostasy.

 

[Asun]

I believe this law is informed by Islam, but like the marriage law is passed off as being somehow "neutral." The truth is that Muslims are very sensitive about the issue of apostasy.

Can we conclude that Islam indeed violates UN declaration of human rights in term of freedom of association and freedom of religion? If you can't quit a religion, where's the freedom?

 

[serious_fun]

In absolutely no circumstances in a mixed-religion household are the children allowed to hold any religion other than Islam.

I have children, all of whom are baptized Christians, and istri ku is (nominally) Muslim. Are you saying that someone or some agency would interfere with my family's choice(s) because of the mixed-religion household?