U.S. Department of State

U.S. Department of State
 
 

INTERNATIONAL ADOPTION

JAPAN

August 2001

DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S. based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.

GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Japan and applying for an immigrant visa for the child to come to the United States. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries are met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Japan before formalizing an adoption agreement to ensure that they have followed appropriate procedures which will make it possible for the Embassy to issue the child a U.S. immigrant visa.

AVAILABILITY OF CHILDREN FOR ADOPTION: Both Japanese and foreign children are available for adoption in Japan. Most of the orphans adopted in Japan by foreigners are Japanese. Among the cases of foreign children adopted by foreigners in Japan, many of the children are related to the adoptive U.S. parents and may have lived with the adoptive parents in Japan for more than two years. Recent U.S. immigrant visa statistics in Japan reflect the following pattern for visa issuance to orphans:

FY-1996: IR-3 immigrant visas issued to Japanese orphans adopted abroad - 9
IR-4 immigrant visas issued to Japanese orphans adopted in the U.S. - 24
FY-1997: IR-3 Visas - 31, IR-4 Visas - 24
FY-1998: IR-3 Visas - 15, IR-4 Visas - 31
FY-1999: IR-3 Visas - 18, IR-4 Visas - 24
FY-2000: IR-3 Visas - 9, IR-4 Visas - 31

JAPAN ADOPTION AUTHORITIES: The Family Court and the Child Guidance Center (often located in the City or Ward Office) are the government office responsible for adoption in Japan. They have jurisdiction over the placement of children, home studies, and adoptions.

JAPAN ADOPTION PROCEDURE: Prospective adoptive parents may find children available for adoption either through the CGC or private parties such as missionaries, social welfare organizations, or adoption agencies. It is important to remember that the CGC will only issue a certificate identifying a "child who requires protection" if the adoption is arranged through them. If the adoption is arranged privately, the adoptive parents must present the appropriate statement of release for emigration and adoption to prove the child is adoptable. Even if the Japanese government certifies a child as requiring protection or considers a child legally adoptable, however, it is possible that the child may still not meet the U.S. definition of an orphan.

Child requirements: Japanese law does not define an orphan. Rather, a "child who requires protection" is defined as:

  • A child born out of wedlock;
  • An abandoned infant;
  • A child whose parent(s) has/have died or disappeared;
  • A child whose parents are incapable of providing support; or
  • An abused child.

The Child Guidance Center (CGC) is the local government authority responsible for determining whether a child requires protection. The CGC may issue a certificate to a "child who requires protection," but only if the child has been placed under the care of the child welfare authorities. The CGC will not issue a certificate if the child is to be adopted abroad or if the child will benefit from a privately arranged adoption.

Under Japanese law, an adoptable child is any minor who has been irrevocably released for adoption by its sole surviving parent, by a legal guardian, by both parents (if both parents are living and remain married), by the natural mother (in the case of an out-of-wedlock birth), or by the institution that has custody of the child. If the child is not Japanese, the Family Court with jurisdiction over the adoption will consider an adoptable child to be any child who has met the pre-adoption requirements of the child's country of nationality. The surviving parent has the legal capacity to transfer custody of the child to a second party by signing a "statement of release of orphan for emigration and adoption." If the surviving natural parent is a minor (i.e. under 20 years old), then the natural parent's parent or guardian must also sign a similar statement.

Once a child has been identified, the adoptive parents may apply to adopt the child through the local Family Court. When an adoption involves at least one foreign citizen - either parent or child - the Family Court applies the home country law of the foreign party. For U.S. citizen adoptive parents, the Court will consider the law governing inter-country adoptions in the parent(s)' state of legal domicile. When the child is non-Japanese, the Family Court decides whether the case meets the pre-adoption requirements of the child's home country. If, for example, the home country adoption law requires a third party or home country government authority to approve or consent to the child's adoption, the Family Court requires this approval.

Under Japanese law, a child can be adopted in one of two ways: regular and special.Regular adoption, with or without the court's consent- if the minor child is a descendant of one of the adoptive parents, the City Office may register a regular adoption without the Family Court's consent. If the child is not a lineal descendant of the adoptive parents, the Family Court must adjudicate the adoption before the City Office will legally register the adoption decree. Unlike a special adoption, this procedure does not necessarily sever the child's ties, rights, and privileges with regard to the birth parent(s) and any prior adoptive parent(s).

When the child and adoptive parents are not blood relatives, the adoptive parents must petition the Family Court with jurisdiction over the child's residence in Japan. After reviewing the documents, the Court informs the adoptive parents of the date of their court hearing. Typically, the Court will schedule the first hearing at the end of a trial six-month period. (Note: Although the six-month trial period normally begins when the parents file the adoption application, the Court will occasionally include any previous periods of cohabitation towards the six-month requirement.) During this trial period, the court-appointed investigator visits the family's home an average of three times, observing the interaction between the parents and the child. On the designated date, the child, the prospective parents, and the court-appointed investigator must attend a hearing in front of the judge. In most cases, the Court requires only one hearing, but the judge may call for additional hearings if necessary. Approximately two to three weeks after the final hearing, the judge will decide whether or not to approve the adoption. If the judge approves the petition, the Court issues a certificate allowing "Permission to adopt" (yoshi to suru koto o kyoka-suru). The adoptive parents must then register the adoption at the City or Ward Office. If the natural parents or any interested parties do not object within two weeks of the registration, the adoption is considered final.

Regular adoptions in Japan do not fully sever ties between the adopted child and the biological parents. For example, Japanese inheritance law recognizes that a child adopted in a regular adoption may still have inheritance rights from the biological parents. In addition, regular adoptions can be easily dissolved. Thus, a regular adoption may not permanently create the distinctly new family relationship envisioned by most American adoptive parents. If the adopted child later obtains U.S. citizenship and abandons Japanese nationality, the legal effect on the child's ties to the biological parents is unclear.

Special Adoption- As in U.S. adoptions, this procedure severs the child's ties, rights, and privileges with regard to the birth parent(s) and any prior adoptive parent(s). In 1988, Japan introduced the special adoption to make Japanese adoptions more compatible with international adoptions and to give more protection to adopted children under six years of age. Special adoptions appear to comply more fully with the provisions of Sections 101(b)(1)(E) and (F) of the U.S. Immigration and Nationality Act (INA) that: "no birth parent or prior adoptive parent of any such child thereafter, by virtue of such parentage, be accorded any right, privilege, or status."

Prospective parents filing for a special adoption should be aware of the following guidelines:
1) The child must be under the age of six at the time the adoption petition is filed OR under the age of eight and must have been placed under the continuous care and custody of the prospective adoptive parents since before the child's sixth birthday.
2) Two adoptive parents must jointly consent to the adoption. Single parents may only pursue a special adoption with the Family Court's consent.
3) One of the adoptive parents must be over 25 years of age and the other must be over 20 years old.
4) All persons with legal custody of the child, including the natural and adoptive parents, must consent to the adoption, EXCEPT IF:
a) The natural parents are incapable of declaring their intent;
b) Family Court rules that the natural parents have treated the child with "cruelty;"
c) The natural parents have abandoned the child; or
d) Any other cause "seriously harmful to the benefits of the person to be adopted" exists.
5) The child must be in the custody of, and residing with, the adoptive parents for at least six months before the Family Court will render a final judgement and issue an adoption decree.

Once the judge renders his decision, the Court waits two weeks to give the biological mother or interested third parties a chance to make any last plea. At the end of the two weeks, the Court considers the adoption final and issues the adoption decree (tokubetsu yoshito-suru). In a special adoption, the adoptive parents are not required to register the adoption at the city or ward office. As long as the special adoption remains intact, the child retains no inheritance rights with regard to the biological parents. Unless the Family Court rules to dissolve the special adoption, the adopted child and adoptive parent(s) cannot legally be separated.

Japanese birth and adoption records-civil records in Japan are reliable and maintained by the City or Ward office. The Japanese extract of the family register (koseki shohon) generally contains all current information that might otherwise be available in separate birth, adoption, marriage, divorce, or death records. In a special adoption, the koseki shohon only shows the name of the adoptive parents, as if they were the natural parents. In a regular adoption, both the natural and adoptive parents' names appear on the child's koseki shohon.

Non-Japanese children born in Japan must have a consular report of birth issued by their country of nationality's embassy. A non-Japanese child born in Japan does not automatically acquire Japanese nationality. Occasionally, a non-Japanese child is stateless and therefore unable to obtain a consular report of birth. Stateless children may apply for a "certificate of acceptance of notification of birth" (shussei todoke juri shomeisho) at the City or Ward office with jurisdiction over where the child is born. The municipal office only maintains this type of record for ten years.

Evidence of a full and final Japanese adoption may take one of two basic forms. In regular adoptions where the Family Court gives permission to adopt, the certificate of "permission to adopt" together with the child's family register showing the adoption, serves as proof of legal adoption. In special adoptions were the Family Court grants the adoption, the final adoption decree issued by the Court serves as proof of legal adoption.

When one or both of the adoptive parents is Japanese, that parent must enter the adoption on his/her family register. This record also serves as proof of a valid adoption. The final court decree and the family register should ultimately reflect both the child's natural and adoptive identities. In order for the child to qualify for U.S. immigration benefits, the Family Court adoption decree and the family register showing the adoption must include the name of at least one U.S. citizen adoptive parent who petitions for the child.

Registering for Japanese Adoption-adoptive parents may need to register the adoption with the municipal office in order to complete the adoption. If registration is required, the adoptive parents must submit their marriage certificate, birth certificates (for themselves and the adopted child), passports, alien registration cards, the Family Court's final adoption decree or certificate of "permission to adopt," and a completed registration application to the City or Ward Office. The natural parents (or the child's pre-adoption legal guardian) and two adult witnesses must also sign the registration application. Registration is usually final soon after applying.

AGE AND CIVIL STATUS REQUIREMENTS: Japanese law allows two types of adoptions: special and regular. (Please see details above.) In special adoptions, one of the adoptive parents must be over the age of 25 and the other must be at least 20 years old. Depending on the applicable U.S. State law, the Family Court may allow single parents to adopt on a case-by-case basis.

ADOPTION AGENCIES IN JAPAN: All adoption agencies in Japan are privately operated. There are attorneys; however, they aren't necessarily recommended and aren't required for processing adoptions. As far as adoption agencies, they are not necessary; however they are only used if recommended/required by the host county government. If prospective adoptive parents would like to obtain a list of adoption agencies, they can contact the Embassy of Tokyo.

DOCTORS: The U.S. Embassy maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Japan.

JAPANESE DOCUMENTARY REQUIREMENTS: Prospective parents must assemble and present several documents, notarized, certified, or authenticated as appropriate, to the Family Court, including:

  • Birth certificate and/or family register of all parties;
  • Copy of passport, Japanese visa, and Alien Registration card;
  • Copy of U.S. military ID (where applicable);
  • Marriage, divorce, and death certificates (where applicable);
  • Medical examination certificates;
  • Certificate of foster parent registration (where applicable);
  • Certificate of good conduct/no criminal record for each adoptive parent, issued by their home city or state police department;
  • Certificate of legal address, employment, and income;
  • Copy of any property ownership deeds and/or bank statements;
  • Biographic history of all parties;
  • Statement of consent to adopt by the child's natural parent(s) or guardian;
  • Statement of prospective parent(s) intent to adopt the identified child;
  • Pictures of all parties, preferably of parent(s) with the child;
  • Home Study approved by an authorized and licensed adoption agency;
  • Two character references.

*Note: This list is not definitive. The Family Court may require additional documents when it sees fit*

Japanese translations are required. The Family Court or City Office will require certified Japanese translations of all documents. The translator must execute a statement before a notary public attesting to the validity of the translation. The notary's seal must be authenticated, as well. Certified and authenticated documents: all civil documents must be certified and authenticated by the issuing authorities. U.S. civil records must bear the seal of the issuing office of record and be authenticated by an authorized state government official of the prospective parent(s)' state of domicile. The state government office should use an "apostille" certificate to authenticate the document. Tax returns, medical reports, and police certificates should also be notarized and authenticated. For more information about The Hague Legalization Convention "apostille" certificate, please contact the U.S. Department of State, CA/OCS, Washington, DC 20522 or look up http://travel.state.gov.

If the document's country of origin does not provide apostille services, the U.S. Embassy in that country may be able to authenticate a civil document, followed by an authentication by the U.S. Department of State, CA/OCS, Washington, DC 20522. All authenticated documents must be accompanied by a Japanese translation.

RESIDENCE REQUIREMENTS: The Court will not consider adoption applications of those prospective parents who are in Japan on temporary visitor visas. At least one prospective parent must show evidence of long-term residence in Japan. When the adoption is finalized, at least one adoptive parent must appear before the court. Japanese law does not permit proxy adoptions.

U.S. IMMIGRATION REQUIREMENTS

A Japanese child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Tokyo. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Tokyo for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

  • The adoptive or prospective adoptive parent must be an American citizen;
  • The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf;
  • If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
  • If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
  • The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS can be found on BCIS's web site at http://www.uscis.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Tokyo .

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Japan should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Tokyo as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an BCIS office in the US.

II. The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. This investigation is performed by a consular officer at the time of the child's immigrant visa interview.

JAPANESE EMBASSY (and Consulates) IN THE UNITED STATES:
Embassy of Japan
2520 Massachusetts Ave., NW
Washington, D.C. 20008-2869
Tel: (202) 939-6700

Japan also has Consulates in Tamuning, Guam; Anchorage, Alaska; Atlanta, Georgia; Boston, Massachusetts; Chicago, Illinois; Detroit, Michigan; Honolulu, Hawaii; Houston, Texas; Miami, Florida; Kansas City, Missouri; Los Angeles, California; New Orleans, Louisiana; New York, New York; Portland, Oregon; San Francisco, California; Seattle, Washington; and Saipan, Mariana Islands.

U.S. EMBASSY (and Consulates) IN JAPAN:
Mailing Addresses
U.S. Embassy Tokyo
Immigrant and Nonimmigrant Visas
Unit 45004 Box 205
APO AP 96337-5004

Box 205
1-10-5 Akasaka Minato-ku
Tokyo 107-8420, Japan
Tel: (81)(3) 3224-5000
Fax: (81)(3) 3505-1862

The United States also has Consulates in Naha, Osaka-Kobe, Sapporo, Fukuoka, and Nagoya.

TIME FRAME: Adopting a child through the Family Court requires at least nine months, sometimes longer. The Family Court imposes no time limit on when an adoption must be completed.

COSTS: Although costs can vary widely, the average total cost of adoption in Japan is approximately $20,000. This includes fees for the Family Court, adoption agency, immigration processing, airfare, lodging, and document translations and authentications. Adoption agency fees range from $800 to $60,000, so the overall cost of the adoption often depends on which agency the parents choose. Parents may incur additional costs when adopting non-Japanese children or children with medical problems

DISSOLVING A JAPANESE ADOPTION: For regular adoptions anyone fifteen years old and above can apply to dissolve a regular adoption. If the adopted child and the adoptive parents agree to dissolve the adoption, they must file a request for dissolution at the City or Ward office. The Family Court does not get involved. If an adopted child is under the age of fifteen, the child's legal representative must file the request. If the parties cannot agree to dissolve a regular adoption, the Family Court may consider the dissolution. In this case, the natural parent(s) or anyone with legal responsibility over the child may apply for the dissolution. The Family Court is likely to dissolve a regular adoption if it finds that one of the parties has maliciously deserted the others, the whereabouts of the adopted child or adoptive parents has been unknown for three years, or there are "grave reasons" for dissolving the adoption.

Most dissolutions are by mutual consent and involve adult adopters. Over 90 percent of adoptions in Japan involve non-minors, stepchildren, or prominent son-less families who adopt sons-in-law to pass on the family name. When a regular adoption is dissolved, the formerly adopted child reacquires the legal obligation to care for the natural parents.

For special adoptions an adopted child, the natural parents, or a prosecutor may apply to the Family Court to dissolve a special adoption. According to the Civil Code, the Family Court may only dissolve a special adoption under the following circumstances: (1) "the fact that there is cruel treatment or malicious desertion by an adopter, or other cause seriously harmful to the benefits of an adopted child; and (2) the fact that the birth parents can take proper care and custody." If a special adoption is dissolved, the child will acquire the same civil status and rights held prior to the adoption.

OBTAINING A PASSPORT FOR AN ADOPTED CHILD: An adopted foreign child is not a U.S. citizen from the moment of adoption. If the child is a Japanese citizen, adoptive parents must obtain a Japanese passport for the child from Japan's Ministry of Foreign Affairs. Only the child's natural or adoptive parent or legal guardian may apply for a passport on behalf of the minor child. Japanese passports issued to minors are normally valid for five years from the date of issue and may be renewed at a Japanese Embassy or Consulate abroad.

If the child is not a Japanese citizen, the child will need to apply for a passport from his/her home country's embassy. If the adopted child is stateless or from a country that does not share diplomatic relations with Japan, the child may apply for a re-entry permit from Japan's Ministry of Justice. The Japanese government does not control the international movement of children who hold Japanese citizenship or legal residency.

ADDITONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Japan may be addressed to the Consular Section of the U.S. Embassy in Japan. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, Tel: 1-888-407-4747 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone - Office of Children's Issues - Recorded information regarding changes in adoption procedures and general information, 1-888-407-4747.- State Department Visa Office - Recorded information concerning immigrant visas for adoptive children, (202) 663-1225.- Bureau of Citizenship and Immigration Services in the Department of Homeland Security - Recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet - The Consular Affairs web site, at: http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

BCIS web site- http://www.uscis.gov

Other information:
Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports.