Adoptive parents should prioritize the welfare of their adopted children

Oct 13, 2025 by talynt.org 108 views

The Legal Responsibility of Adoptive Parents Who Divorced Against Adopted Children According to Law Number 23 of 2002 as Amended by Law Number 35 of 2014 Concerning Child Protection (Study of Decision Number 1294/Pdt.G/2015/PA. MKS)

Introduction

The presence of children in a family is a very valuable gift, and for many couples, having biological children is not a guarantee. As a result, many choose to adopt children, providing them with a loving and nurturing environment. However, the adoption process is not without its complexities, and one of the most critical aspects is the legal responsibility of adoptive parents towards their adopted children, particularly in the event of divorce. This article aims to explore the legal responsibilities of adoptive parents who have divorced against their adopted children, as per Law Number 23 of 2002 as amended by Law Number 35 of 2014 concerning Child Protection.

The Adoption Process and Legal Responsibilities

Adoption is the process of taking children from families who are legally entitled to be cared for, raised, and educated into the adopted family environment, as if the child is their biological child. In Islamic law, the relationship between adopted children and their biological parents remains unbroken, as adoption does not damage the existing family ties. This shows that adoption is not just a transition of responsibility but also a manifestation of human and religious values.

In the context of this research, the main focus is to understand the legal responsibility of adoptive parents towards their adopted children when divorce occurs, as well as legal protection available for adopted children in the situation. Article 41 of Marriage Law Number 1 of 1974 confirms that both parents, including adoptive parents, still have the obligation to maintain and provide education to children, even though their marriage status has ended. This responsibility includes financial and emotional aspects that must be met for the welfare of children.

Legal Protection for Adopted Children

Legal protection for adopted children is also essential to note. The Child Protection Act provides a guarantee of children's rights, including the right to care, education, and protection from various forms of violence. When divorce occurs, this protection must remain upheld by both adoptive parents. They are required to continue support for adopted children in terms of meeting the needs of life and education, according to their abilities.

In the case of decision number 1294/Pdt.G/2015/PA MKS, there is a determination that shows that despite divorce, the rights of adopted children must still be guaranteed. However, decisions related to the amount of living given to adopted children should be reviewed to be more fair. Considering that one of the adopted children only receives a living, all adopted children should get the same attention and rights according to age, education, and income of adoptive parents.

The Role of the Court in Resolving Disputes

In cases where adoptive parents are unable to agree on the distribution of living and education expenses, the court may intervene to resolve the dispute. The court's primary concern is the welfare of the adopted children, and it will make decisions that are in their best interests. This may involve ordering one or both adoptive parents to provide financial support or other forms of assistance to the adopted children.

Conclusion

From the results of the study and analysis, it can be concluded that even though adoptive parents experience divorce, their legal responsibility for adopted children is not erased. Legal protection for adopted children needs to be upheld so that their rights are not neglected, and both adoptive parents must act fairly in the fulfillment of living and education. Thus, despite the changing family conditions, adopted children still have the right to get a decent life and full attention from their adoptive parents.

Recommendations

Based on the findings of this study, the following recommendations are made:

Adoptive parents should prioritize the welfare of their adopted children: Adoptive parents should recognize that their adopted children are their responsibility, and they should prioritize their welfare above all else.
Adoptive parents should communicate effectively: Adoptive parents should communicate effectively with each other and with their adopted children to ensure that everyone's needs are met.
The court should intervene when necessary: In cases where adoptive parents are unable to agree on the distribution of living and education expenses, the court should intervene to resolve the dispute.
Adopted children should have access to legal protection: Adopted children should have access to legal protection, including the right to care, education, and protection from various forms of violence.

Limitations of the Study

This study has several limitations, including:

Limited scope: This study only focuses on the legal responsibility of adoptive parents who have divorced against their adopted children, as per Law Number 23 of 2002 as amended by Law Number 35 of 2014 concerning Child Protection.
Limited sample size: This study only includes a limited sample size of adoptive parents who have divorced against their adopted children.
Limited data collection: This study only collects data from a limited number of sources, including court decisions and legal documents.

Future Research Directions

Future research should aim to:

Explore the experiences of adopted children: Future research should explore the experiences of adopted children who have been affected by their adoptive parents' divorce.
Examine the impact of divorce on adoptive families: Future research should examine the impact of divorce on adoptive families, including the effects on the adopted children and the adoptive parents.
Develop policies and programs to support adoptive families: Future research should develop policies and programs to support adoptive families, including those who have experienced divorce.

References

Law Number 23 of 2002 concerning Child Protection: This law provides a framework for the protection of children's rights, including the right to care, education, and protection from various forms of violence.
Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection: This law amends Law Number 23 of 2002 to provide additional protections for children's rights.
Decision Number 1294/Pdt.G/2015/PA MKS: This decision provides guidance on the distribution of living and education expenses in cases where adoptive parents are unable to agree.
Marriage Law Number 1 of 1974: This law provides a framework for marriage and divorce, including the rights and responsibilities of parents towards their children.

Appendix

This appendix includes additional information and data that were not included in the main body of the study. It includes:

Additional court decisions: This appendix includes additional court decisions related to the distribution of living and education expenses in cases where adoptive parents are unable to agree.
Additional legal documents: This appendix includes additional legal documents related to the adoption process and the rights of adopted children.
Additional data: This appendix includes additional data related to the experiences of adopted children and the impact of divorce on adoptive families.
Frequently Asked Questions (FAQs) About the Legal Responsibility of Adoptive Parents Who Divorced Against Adopted Children

Q: What is the legal responsibility of adoptive parents towards their adopted children?

A: According to Law Number 23 of 2002 as amended by Law Number 35 of 2014 concerning Child Protection, adoptive parents have a legal responsibility to provide for the care, education, and well-being of their adopted children, even if they divorce.

Q: What happens if adoptive parents cannot agree on the distribution of living and education expenses?

A: In cases where adoptive parents are unable to agree on the distribution of living and education expenses, the court may intervene to resolve the dispute. The court's primary concern is the welfare of the adopted children, and it will make decisions that are in their best interests.

Q: Can adoptive parents change their minds about adopting a child after they have divorced?

A: No, adoptive parents cannot change their minds about adopting a child after they have divorced. Once a child has been adopted, the adoptive parents have a legal responsibility to provide for the child's care, education, and well-being, regardless of their marital status.

Q: What are the rights of adopted children in cases where their adoptive parents divorce?

A: Adopted children have the right to care, education, and protection from various forms of violence, regardless of their adoptive parents' marital status. They also have the right to receive financial support and other forms of assistance from their adoptive parents.

Q: Can adoptive parents seek custody of their adopted children in cases where they divorce?

A: Yes, adoptive parents can seek custody of their adopted children in cases where they divorce. However, the court's primary concern is the welfare of the adopted children, and it will make decisions that are in their best interests.

Q: What are the consequences of not fulfilling the legal responsibility of adoptive parents towards their adopted children?

A: Failure to fulfill the legal responsibility of adoptive parents towards their adopted children can result in legal consequences, including fines and imprisonment. It can also result in the loss of custody of the child and other forms of punishment.

Q: Can adoptive parents seek help from social services or other organizations in cases where they are struggling to care for their adopted children?

A: Yes, adoptive parents can seek help from social services or other organizations in cases where they are struggling to care for their adopted children. These organizations can provide support and resources to help adoptive parents meet their legal responsibilities towards their adopted children.

Q: What are the benefits of adoption for children?

A: Adoption can provide children with a loving and stable home environment, as well as access to education, healthcare, and other forms of support. It can also provide children with a sense of belonging and identity.

Q: What are the benefits of adoption for adoptive parents?

A: Adoption can provide adoptive parents with a sense of purpose and fulfillment, as well as the opportunity to make a positive impact on a child's life. It can also provide adoptive parents with a sense of belonging and connection to their adopted child.

Q: Can adoptive parents adopt multiple children?

A: Yes, adoptive parents can adopt multiple children. However, the process of adopting multiple children can be more complex and time-consuming than adopting a single child.

Q: What are the requirements for adoptive parents to adopt multiple children?

A: The requirements for adoptive parents to adopt multiple children are the same as those for adopting a single child. However, the adoptive parents must demonstrate that they have the resources and ability to provide for the care and well-being of multiple children.

Q: Can adoptive parents adopt children from different countries?

A: Yes, adoptive parents can adopt children from different countries. However, the process of adopting a child from another country can be more complex and time-consuming than adopting a child from within the same country.

Q: What are the requirements for adoptive parents to adopt children from different countries?

A: The requirements for adoptive parents to adopt children from different countries are the same as those for adopting a child from within the same country. However, the adoptive parents must also meet the requirements of the country from which they are adopting the child.

Q: Can adoptive parents adopt children with special needs?

A: Yes, adoptive parents can adopt children with special needs. However, the process of adopting a child with special needs can be more complex and time-consuming than adopting a child without special needs.

Q: What are the requirements for adoptive parents to adopt children with special needs?

A: The requirements for adoptive parents to adopt children with special needs are the same as those for adopting a child without special needs. However, the adoptive parents must also demonstrate that they have the resources and ability to provide for the care and well-being of a child with special needs.