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This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Children's Rights
Indonesia
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Birth Registration
Universal Registration
Universal and Compulsory Coverage
Is birth registration available for children born to citizens residing abroad?
Yes
Recommended Practice based on International Guidelines
When a child is born to parents who are residing outside their country of citizenship, the country in which the birth occurred has an obligation to register the birth and issue a birth certificate. While the home country of the parents will not issue a new birth certificate, there should be a process by which the parents report the birth to the parents’ home country. This is important for purposes of establishing citizenship and receiving a passport for the child. The legislation should provide a process for citizens temporarily residing abroad to report the birth of a child to the registrar (or the passport agency). This is usually facilitated by a country’s embassies and consulates.
Law 23/2006, Art. 29, requires Indonesian citizens living abroad to report births that occur abroad to the representative office of the Republic of Indonesia in that host country.
Law Source
Birth Registration
Specific Situations
Foundling
Does the law specify the process and responsibilities for registering the birth of a child who was abandoned and whose parents are not known?
Yes
Recommended Practice based on International Guidelines
The UN guidance recommends that legislation clearly identify the person or head of institution assuming custody of infant notify the registrar providing information regarding date and place of finding, sex and approximate birth date of child, name and address of person/institution reporting finding and any other information requested by registrar. The entry should be marked as "foundling" (or similar) and information about parentage left blank. If child is later identified, the foundling registration should be voided and placed under seal To avoid statelessness, foundlings who are discovered in the territory should be considered to have parents possessing nationality of that State, unless there is proof to the contrary
The person who found the child must report to the birth, together with a police report. The law is silent regarding the nationality determination for the child.
Law Source
Birth Registration
Specific Situations
Adoption
Does the law clearly state the process for amending birth registrations in adoption cases?
Yes
Recommended Practice based on International Guidelines
Laws should contain clear provisions for amending records, and dealing with adoptions or other changed circumstances. Who may request or apply for an amendment or modification of a record, should be specifed. Birth registration should be available to all residents of a country who adopt a child from abroad. This is particularly important in order to obtain identity credentials
Presidential Regulation 96/2018 states the documents the adoptive parents must submit to register an adoption, which includes: the court order, birth certificate, family book of adoptive parents, e-KTP (electronic national ID) or travel documents for foreign parents.
Law Source
Birth Registration
Specific Situations
Surrogacy
Does the law clearly state the process for amending birth registrations in surrogacy cases?
No
Recommended Practice based on International Guidelines
There are two general processes for surrogacy. 1) the original birth certificate has the names of the surrogate parents (no amendment required). 2) the birth is registered under the name of the gesttional mother, and then is amended through an adoption process to have the names of the surrogates.
