JOURNAL OF HEALTH LAW
Vol. 1 No. 2 (2025): JOURNAL OF HEALTH LAW

Legal Responsibilities of Adoptive Parents for Fulfilling Children's Health Rights from the Perspective of Indonesian Positive Law

Ilham Djaya (Universitas Kader Bangsa)
Sabda Wahab (Universitas Kader Bangsa)



Article Info

Publish Date
18 Nov 2025

Abstract

Background: The fulfillment of children’s health rights constitutes a fundamental human right and a constitutional obligation that must be guaranteed by the state and families, including in the context of adoption. Although Indonesian positive law affirms the transfer of caregiving and protective responsibilities to adoptive parents, practical implementation reveals administrative barriers and regulatory weaknesses that limit adopted children’s access to health services and health insurance. Research Objective: This study aims to analyze the legal status and responsibilities of adoptive parents in fulfilling children’s health rights based on the principle of the best interest of the child. Research Method: This study employs a normative legal method using statutory, conceptual, and case approaches by examining relevant legislation, legal doctrines, and court decisions. Research Results: The findings indicate that adoptive parents normatively bear full legal responsibility to ensure access to health services, protection from actions endangering health, and fulfillment of adopted children’s basic health needs. However, a significant gap persists between legal norms and their implementation, particularly due to the absence of clear post-adoption regulatory mechanisms and weak coordination among family law, civil administration, and the national health insurance system. Conclusion: This study underscores the necessity of regulatory strengthening and cross-sectoral harmonization to ensure that adoptive parents’ legal responsibilities are effectively enforceable and capable of guaranteeing equitable and sustainable protection of adopted children’s health rights.

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Journal Info

Abbrev

JHL

Publisher

Subject

Description

Journal of Health Law (JHL) is a double-blind, peer-reviewed, open-access journal published by CV.Q2 LANTERA ILMIAH INSTITUT. JHL aims to publish high-quality research manuscripts and conceptual analyses that examine specific legal fields, such as Health Law, Medical Law, Midwifery Law, Nursing Law, ...