1. Child adoption between Indonesian citizens or Domestic adoption

  1. Child adoption with male and female parents
  2. Child adoption by single parents.

2. Child adoption between Indonesian citizens and foreign citizens or inter country adoption

This second type of adoption is carried out by Indonesian citizens towards foreign children or vice versa, foreign citizens adopt Indonesian children where one of the partners has citizenship from where the child originates.

The existence of differences in the type of child adoption also means that there are requirements that are given to be able to become adoptive parents of the children. Apart from being based on positive law in Indonesia, it is also based on the custom in society of adopting from parents who are unable, so they are willing to have their children adopted by parents who are more capable with the hope that their children can live a more decent life. Furthermore, according to Islamic law, child adoption is hadhanah law which is expanded and does not change the legal relationship, lineage and mahram between the adopted child and their original parents and family at all. Child adoption only experiences a change in transfer of responsibility maintenance, supervision and education from the original parents to the adoptive parents.3 Adoption must also be intended for Allah SWT.

Several views regarding the legal conditions of child adoption according to positive law in Indonesia, customary law and Islamic law. As for customary law in Indonesia, each has its own uniqueness adapted to its respective customary area. This also starts from different terms, which has an impact on the legal consequences of child adoption according to customary law which are varied. This situation creates different perspectives regarding child adoption based on the law used.4

All of the above provisions certainly have consequences from the act of child adoption for both the child and the parents. Based on stbl.1917 No.129, child adoption in the civil law system for the Chinese group is:5

  1. Towards adopted children
  2. The loss of the relationship between the adopted child and their biological parents along with blood relatives and in-laws;
  3. The adopted child becomes a member of the adoptive parents' family with the status of a legitimate child, as do all blood relatives and in-laws of the adoptive parents
  4. Because their status is equated with a legitimate child in their adoptive family, the child can inherit from their adoptive parents. However, because the adopted child has severed ties with their biological parents, they cannot inherit from their biological parents
  5. An adopted child acquires a family name that is different from the family name of the male or husband of the adopted child.
  6. Towards adoptive parents
  7. With the adoption of a child, a legal relationship is established between the adopted child and their adoptive parents, and this relationship is equivalent to the relationship between parents and their biological child.
  8. Because the adopted child and the adoptive parents have a relationship like that of a legitimate child and parents, the adoptive parents can inherit from each other.
  9. Towards biological parents
  10. The biological parents or original parents will sever ties with their child, and likewise, the adopted child will sever ties with blood relatives and in-laws of the biological parents' family.
  11. Biological parents and their child cannot inherit from each other.