Questions raised by Tristan file

The official file detailing the adoption of Tristan Dowse shows that the couple who adopted him in 2001 promised "to give the…

The official file detailing the adoption of Tristan Dowse shows that the couple who adopted him in 2001 promised "to give the child the opportunity to obtain better things in its life" and "give him a family full of love, attention and support."

The file, which has been examined by The Irish Times, shows that Irishman Joe Dowse and his wife Lala confirmed that they would "raise this adopted child as if he is our own because we believe that children are a priceless gift from God". Tristan (3) was left by his adoptive parents at an orphanage near Jakarta when they moved from Indonesia in 2003. His legal status is uncertain - he has Irish citizenship but this could be revoked if the adoption process is deemed illegal.

The file, containing the 11-page judgment, 50 pages of 24 additional documents and copies of Joe and Lala Dowse's passports, also raises a number of questions about the adoption process.

The file does not contain a recommendation letter from social services, although there is conflicting opinion over whether such a letter was obligatory at the time. The Indonesian court which authorised the adoption of Tristan Dowse in 2001 appears to have made its decision without such a recommendation letter.

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The file shows the Dowses stated in their application to the court they had already adopted a daughter, Tamilla, from Azerbaijan, Mrs Dowse's home country. They say in an accompanying letter that they "very much desire a second child in their family life".

"We confirm we will be good parents to the child and give him a family full of love, attention and support," the letter continues.

"We confirm we will be able to give the child the opportunity to obtain better things in its life and we will give him the opportunity to have the best experiences in life that should be obtainable.

"We will raise this adopted child as if he is our own because we believe that children are a priceless gift from God."

Documents to support the application include letters of good conduct for Mr and Mrs Dowse from the Indonesian police, a letter from the Irish embassy in Singapore - there is no embassy in Indonesia - a letter from a gynaecologist in Singapore stating that Mrs Dowse had been trying unsuccessfully for a year to get pregnant, letters from the Dowses' employer, KPMG, attesting to their financial means, and a letter from Tristan's mother, Suryanih.

In this she states she is willing to give up her son for adoption because her husband had deserted her "and I have no idea as to his current whereabouts". Other documents include letters supporting the application from Mr and Mrs Dowse's respective parents.

Mr Dowse's parents, Joseph and Margaret, lived in Carnew, Co Wicklow, when their son was born in 1968. They wrote that they "have no objection to our son, Joseph N[ igel] Dowse and his wife Lala adopting Tristan, an Indonesian child. We hope that the adoption will bring benefits to all concerned and we wish the best for them all."

Jimmy Lumanauw, the court clerk in the case, confirmed yesterday that no letter from social services had been presented to the court in support of the application, but that it was not necessary. "That's because the department of social services had been disbanded by the then president Abdurrahman Wahid," he said. "So back then it was not a problem [ not having a letter], so I don't see that there was any problem with the adoption at all. It was valid. If it hadn't been official, it would not have been presented to trial."

Mr Afrinaldi, the official at social services overseeing the investigation of the case, admitted the department of social services was not in existence in 2001.

"It was called the National Social Health Body," he said, "but all the functions of the social affairs department continued to operate and the rules were exactly the same even though the name was different. That's why we strongly believe this adoption was illegal."

The Indonesian law stating that foreigners wishing to adopt local children have to obtain a letter from social services dates back to 1979 and was clarified in a 1988 government regulation.

Mr Afrinaldi said he and his staff were "investigating several aspects of the case" and that it might take "a while" before everything is settled.

A curious aspect raised by the documents is the baby's religion. Suryanih states in her letter she is Muslim and so her baby would automatically be Muslim. Under Indonesian adoption law only Muslims can adopt Muslim babies.

Nowhere in the documents do the Dowses state their religion. In local government forms, the lines asking for their respective faiths have been left blank. Their marriage certificate, from Baku, Azerbaijan, shows the ceremony took place on June 18th, 2000.

Western men who convert to Islam usually add a Muslim name to their western name, but Mr Dowse does not appear to have done this, if he had converted.

The speed of the adoption also raises questions. Tristan was born on June 26th, 2001. His birth certificate, issued on August 6th, gives his name as Tristan Joseph, suggesting the Dowses were heavily involved in his life from the outset.

The application filed to the court was dated August 3rd even though Tristan's birth certificate was not completed until August 6th. The application was listed as received by the court on August 7th. The judgment was delivered only three days later.

This rapid process appears at odds with Indonesia's adoption law which states adoptive parents have to keep the child at home for a six-month trial period to demonstrate their love and ability to look after it.