Babies Are Not Commodities

Children have human rights from the moment they are conceived. Therefore, child care or the transfer of child care must uphold children’s human rights.

KOMPAS/IRENE SARWINDANINGRUM

YH (27) cradles his son, who he just got back at his home in Probolinggo Regency, East Java, Tuesday (28/3/2023).

Illegal adoption, especially cases that only serve as a guise for child trafficking (Kompas, 11/5/2023), is a form of neglect and a violation of children’s rights, which includes violating the child’s best interests. From infancy, children have the right to their true identity and to know their ancestry. No one wants to be separated from their parents or family, let alone have their identity erased.

The practice of illegal adoption, for whatever reason, is clearly done for the personal interests of those involved and not for the benefit of the child. Reasons such as parents not being ready or able to care for children, as well as the desire of adoptive parents to have children, should not be used to transfer child custody.

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The United Nations Convention on the Rights of the Child, which the Indonesian government ratified 32 years ago, states that the best interests of the child must be prioritized during adoption. To guarantee the fulfillment of the rights and interests of children, the government has also regulated that adoption must meet certain requirements and be carried out through the court. This is because babies are not commodities that can simply be passed from one caretaker to another, let alone for profit.

However, many people are not aware of these provisions. It is common for children to be adopted between families based on an agreement that once a child is given to the adoptive parents, the child inherits the identity of the adoptive parents. This practice has at least ignored the legal status of children, and even constitutes the practice of child trafficking if it is accompanied by an exchange of money, even if the money is for remuneration or treatment.

KOMPAS

The large number of people who want to have children as well as cases of unwanted pregnancies foster the practice of illegal adoption.

The government must strengthen its commitments to preventing and handling cases of illegal adoption.

Thus, this matter needs to be more intensively socialized, where child trafficking is explained to the public. Problems of low public education, poverty and the psychological readiness of prospective parents need to be considered in this effort to prevent people from resorting to the practice of illegal adoption.

There also needs to be tight supervision of orphanages, day care institutions and clinics to prevent illegal adoptions from occurring in these places. Law enforcement for those involved in this illegal practice must be accompanied by improving existing regulations. Law No. 35/2014 concerning child protection, for one, regulates the crime of illegal adoption but does not specify what actions constitute illegal adoption.

Furthermore, the government must strengthen its commitments to preventing and handling cases of illegal adoption, especially during this political year. Politicians have yet to address this issue, even though they have access to govern and manage this country.

This article was translated by Kesya Adhalia.