Meulaboh Shari'a Court Decision No. 18 of 2012: Adoptive Rights Granted

The applicants submitted that the second applicant had cared for the child in question since the child's biological mother had passed away on 22 May 2007 (the child's biological father could not afford to care for the child). On 13 June 2011, the second applicant married the first applicant. Due to the second applicant's age (54), however, it was unlikely that she would ever fall pregnant. The child's biological father had already granted his consent to the applicants to become the child's adoptive parents. The applicants, therefore, requested that they be stipulated by the court as the child's adoptive parents.

The court, pursuant to art 49 of Law No. 3 of 2006, as well as figure (20) of the elucidation of the same statute, acknowledged that child adoption based on Islamic law fell under its jurisdiction as a religious/shari'a court. Moreover, acknowledging that the applicants were financially secure and capable of raising the child, as well as their history of good character (no criminal record), the court, pursuant to art 39(1) and (2) of Law No. 23 of 2002 on Child Protection, and arts 12(1)(a)-(d), (2)(a) and 13(a)-(i) of Government Regulation No. 54 of 2007 on the Implementation of Child Adoption, granted them adoptive rights over the child.

FirstPreviousPage 1 of of 9NextLast