Adoption
QUESTION
When I first came to Japan as a “Talent” with a six-month visa, I became pregnant by my Japanese boyfriend. I returned to the Philippines when my visa expired and gave birth to my child in the Philippines. My Japanese boyfriend could not come to the Philippines, and so he could not sign the birth certificate of our child. After a time, I came again to Japan, as a “Tourist”, and this time got married to another Japanese man. Now my husband wants to adopt my child. Please advise what processes or steps are necessary for the adoption of my child.
ANSWER
Please find my comment and answers as follows.
Ⅰ.General information
1. Types of adoption
There are two types of adoption in accordance with the law (Japanese Civil Code). One is “Ordinary adoption”; the other is “Special adoption”. The former is so commonly called “Ordinary adoption (Futsu-Yohshi-Engumi in Japanese)” and defined that:
– The legal relationship between real parent and child still maintain after adoption,
– The legal relationship between a foster (an adoptive) parent and adopted child also maintain after adoption,
– It used to be written on a copy of his/her family register (Koseki-tohhon in Japanese) as “adopted son/daughter”. While the latter is called “special adoption (Tokubetsu-Yohshi-Engumi in Japanese)” and defined that:
– The legal relationship between real parent and child (son/daughter) completely cut off upon the adoption,
– Adopted child seems to be a real son/daughter of adopted parent upon adoption,
– No one can find the proof of adoption on a copy of his/her family register (Koseki-tohhon in Japanese)
2. Formalities of adoption
Adoption is a formal act in accordance with the Civil Code. In case of ordinary adoption (Futsu-Yohshi-Engumi in Japanese), the person concerned must report the adoption to the municipal office (city, ward, or town office) upon their mutual consent in accordance with the Family Registration Act. Adopted son/daughter who is now 15 years old and over can agree to the adoption by himself/herself. If an adopted parent would like to adopt a child under 15 years old, it is necessary to get consent of a legal representative and agreement of the legal superintendent. In case of special adoption (Tokubetsu-Yohshi-Engumi in Japanese), all cases should get the ad judgment by Family court and, as a rule, are necessary to get consent of his/her real mother and father.
3. Conditions of adoption
(1) Ordinary adoption (Futsu-Yohshi-Engumi in Japanese)
As a rule, the person concerned can do adoption of his/her own free will. However, the person concerned has to get permission from the Family court when the adopted child is a minor who does not come under a lineal descendant (Ex; his/her grandchild or child brought by a second wife/husband). Adopted parents should be an adult (major) and agree to the adoption with his/her spouse. In addition, adopted children should not be a lineal ascendant and superior in age than adopted parents.
(2) Special adoption (Tokubetsu-Yohshi-Engumi in Japanese)
Special adoption admits to the adopted parent only if special reasons exist on the adopted child. For example, care and custody given by a parent is hard or unsuitable.
The conditions of adopted parent is as follows:
– Father or mother is 25 years or more who has spouse (20 years or more),
– Husband and wife should get together to be parent,
– Adopted children are under 6 years old when parents seek for ad judgment at Family court.
4. Effect of adoption
(1) Name
Last name of adopted child justly amends from original name to last name of parent upon adoption.
(2) Relationship by blood and marriage after adoption
Adopted child and adopted parent’s family has legally made up the relationship by blood and marriage. However, the relationship between the adopted parent and the original family of the adopted child has no effect.
(3) In case of ordinary adoption (Futsu-Yohshi-Engumi in Japanese), the person concerned, as a rule, can cancel adoption at any time. They must report the dissolution of adoption to the municipal office.
In case of special adoption (Tokubetsu-Yohshi-Engumi in Japanese), the person concerned cannot cancel adoption, except for the Family court ad judgment and decision.
Ⅱ. What processes and steps are necessary for Japanese parent who would like to adopt a foreign child in Japan.
1. Conformity with law
Adoption must fit in with Japanese law and the home country law of adopted children. Especially, it is necessary to fulfill the prohibited conditions of adopted child’s home country law the.
2. Conditions
1) Will of adoption
Parents and children have to have the adoption will.
2) A lineal ascendant and superior in age
Adopted children should not be a lineal ascendant and superior in age than an adopted parent.
3) Adoption of husband/wife’ will
Adopted parents should be an adult (major) and agree to the adoption with his/her spouse.
4) Age of adopted child
Adopted children who is now 15 years old and over can agree to the adoption and report it to the municipal office by themselves. However, when an adopted parent would like to adopt a child under 15 years old, it is necessary to get consent of a legal representative and agreement of the legal superintendent. Only legal representatives can report the adoption to the municipal office.
5) Family court permission
As a rule, the person concerned can do adoption of his/her own free will. However, the person concerned must get permission from the Family court when the adopted child is a minor who does not come under a lineal descendant (Ex; his/her grandchild or child brought by a second wife/husband).
3. Documents
1) Document provided by Parent
a. A copy of his/her family register (Koseki-tohhon in Japanese)
b. A copy of Family court and judgment of which permitted the adoption (Except for the case in
which husband/wife do adoption with children of spouse.).
c. Document of consent
When the adopted parent has a spouse, it is necessary to submit the document of spouse’s consent.
2) Document to be provided by child
a. Identification of nationality (ex; passport)
b. Documents for identification (birth certificate, single certificate, marriage certificate, document of spouse’s consent)
c. Certificate regarding to prohibited conditions from home country
d. Japanese translation (all of the above documents)
Ⅲ. Important information
Nationality Law was revised on December 12, 2008 (date of enforcement: January 1, 2009).
According to this revised law, a foreign national child can acquire Japanese nationality by notification to the Legislative bureau of Ministry of Justice or Japanese Embassy if the following requirements are satisfied even if his/her parents were not married.
1) He/she needs to be recognized by his/her father/mother after his/her birth.
2) He/she is less than 20 years old.
3) He/she has not been Japanese.
4) When he/she was born, his/her father/mother who was recognized was Japanese.
5) When his/her father/mother who was recognized died already, his/her father/mother was Japanese when they died.
Therefore, if your child is less than 20 years old, and your ex Japanese boyfriend recognizes your
child, your child can acquire the Japanese nationality by notification.
Details will be given to you when you would consult individually at my office.
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
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