Effect in Japan of the Judgment by a Foreign Country
QUESTION:
I came upon Philippine Digest website about getting a koseki-tohon (http://phildigest.jp/getting-a-koseki-tohon/). My situation is a bit complex, I believe. At age two, I was adopted by my Japanese national father (deceased February 2018). I am currently 28 years old and have the copy of my adoption records, where the Japanese national Ken Uehara adopted me, and approved by the court in the Philippines. My birth certificate also states him as my father, including my school records. I grew up in the Philippines. I’ve visited Japan with a temporary visa (90 days, extended by another 90 days). However, I noticed that I am not included in my father’s koseki-tohon when I received it, only my mother. Did I get the right document, or did something wrong happen during the adoption process from 26 years ago? I would appreciate it greatly if you can help me clarify things. I attached a scanned copy of my father’s koseki-tohon in case you need to take a look. Is this enough to prove that I am his son, and perhaps get a Certificate of Eligibility so I can apply for a Long-Term Resident Visa?
– John
ANSWER:
The judgment of the court in the Philippines will have effect also in Japan. However, the power which executes (power of execution) of this judgment is not accepted (Article-22, item-1, Civil Execution Law) in Japan. Therefore, in order to accept and get the “power of execution” in Japan, it is necessary to file a lawsuit to the Family Court in Japan and to obtain the judgment (execution judgment) separately. On the other hand, even if the judgment of it will be decided in Japan, you will only become an “adopted child” of Japanese, but not become a “child by birth” of Japanese. Since it is limited to be given the Immigration status of “Long Term Resident” to an “adopted child” who is “less than 6 years old,” there is no room for the qualification of a “Long Term Resident” to be given to you. Then, as a result of which I checked and censored the family register of “Ken Uehara,” the following facts are founded:
- Ken Uehara was born in Nago-town, Okinawa Prefecture on June 10, 1945.
- His permanent domicile is 1-5, Tamade-higashi, Nishinari-ward, Osaka City.
- He carried out marriage to Filipino “Nenita Galang Mendoza” based on the Philippine system on July 1, 1996.
If you have been adopted by Ken Uehara, this should be described in his family register based on the Registration Law. However, no one can find it in his koseki-tohon, and there is no statement of having been adopted when you were two years old. Under these facts, there is no method of acquiring the visa related to Japanese since the paternal relation between Ken Uehara and you are not substantiated. I hope you understand what it means.
Office name: Miyoshi International Legal Counsel Office
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