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

Abstrak

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.