Adoption
QUESTION #1:
How can my Brazilian husband adopt my 15-year old son (out of wedlock) who lives in the Philippines? – Princess
ANSWER #1:
There are two methods: One is the way which he files the petition to RTC (Regional Trial Court) in the Philippines. Another is the way, which he files it to the Family Court in Japan. There is an ordinary adoption only which he can carry out it through the Family Court in Japan.
QUESTION #2:
I would like to ask for an assistance because I’m a tourist visa holder here in Japan and guaranteed a 15-day stay only. However, I would like to extend my stay. My stepmother is willing to adopt me to be her legal son so that I can have a long-term visa. Please help us with the adopting process. – Jose
ANSWER #2:
Referring to your case, please find the summary as follows:
- Even if your Japanese father-in-law adopted you based on the Japanese Civil Code and your name is described in his family register, you cannot enter a country and reside in Japan as a “family” of Japanese in accordance with the Immigration Act.
- A child of “less than 6-year-old” only can enter and reside in Japan as an “adopted child” of a Japanese national.
- Those who would like to learn Japanese at a Japanese school must be a student indicated in the Ministry of Justice ordinance.
- Therefore, even if you/your mother would apply for change of status from Temporary Visitor to other, it would surely be denied by the Immigration Bureau since it did not probably fulfill the criteria on the Immigration Act.
QUESTION #3:
I was adopted by my mother’s Japanese husband last May 2018. As of today, I have a copy of his koseki-tohon with my name written on it already.
1. Can I acquire the Japanese nationality?
2. What visa should I get to go to Japan and stay with my adoptive father? Can I acquire the Japanese nationality?
My partner is about to give birth to my son. Should I report it to the Japanese immigration for him to be included in the koseki-tohon too? Also, what family name should I use for my son? My family name in Japan or my old family name before my adoption?
ANSWER #3:
Referring to your questions, please find my comments/answers as follows:
- “Can I acquire the Japanese nationality?”
Yes, you can acquire Japanese national only if you would come under the criteria of naturalization after you would come into and have residing over 5 years.
- What visa should I get to go to Japan and stay with my adoptive father?
Unfortunately, you have an only way which is as a tourist. You have no way to stay with your adoptive father as an adopted child of a Japanese national because of the Japanese Immigration Law. Those who are adopted child can come into and reside with adoptive father/mother only if he/she is under 6 years old only.
- Should I report it to the Japanese immigration for him to be included in the koseki-tohon too?
No, you shouldn’t. It’s not related to the matter of Immigration Law, but the Registration Law. However, the municipal office cannot do anything since your son is not only a child by birth but also an adopted child of Japanese.
- Also what family name should I use for my son?
It’s your family name since he is your son.
- My family name in Japan or my old family name before my adoption?
You cannot use the adoption’s name before the Philippine’s authority would grant to use it. So, you have to apply to change your family name to the Philippine authority (embassy or DFA), and obtain your new passport changed your name if you do want to use the Japanese father’s family name.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.
Website: www.phildigest.jp
Address: Kanagawa-ken, Naka-gun, Oiso-cho, Higashikoiso 716-2
Nearest station: Oiso station by Tokado Line
Working hour/day: 09:00-18:00/Monday-