A New Style of Family. Learn about the adoption system!

The Japanese adoption system plays an important role as a flexible support system for family style.

In recent years, with the rise in divorce and remarriage rates, and the increasing recognition of diverse lifestyles such as LGBTQ+ and never-married for life,Adoption has a variety of purposes, including the formation of new families unbound by blood and as part of inheritance planning.In recent years, with the introduction of the special adoption system, the emphasis on the welfare of children has also been strengthened. In this column, in addition to the types, procedures, and legal effects of adoption, actual cases of its use will be discussed, with a focus on points to note in the preparation of wills and inheritance procedures.

Let's learn about the adoption system.

Significance of the Adoption System

The adoption system is,How to establish a legal parent-child relationshipand plays an important role in expanding the family form and protecting the welfare of children. Japan's adoption system is designed to establish legal rights as a family and to improve the environment in which children are raised,There are two forms of adoption: regular adoption and special adoption.Each has different purposes and legal effects and can be flexible according to family and social circumstances.

• Family formation and maintenance
  Adoption is,A means of welcoming new families into families without childrenas a way to strengthen family ties. In Japan, in particular, the survival of the family is emphasized, and adopted children were often adopted for the purpose of inheritance or succession of the family business.
  
  
• Improvement of children's welfare
  Special adoptions are intended to protect the welfare of the child to the greatest extent possible,It severs the legal relationship with the birth parent and establishes a new parent-child relationship.This allows children who do not have adequate parental protection to grow up in a stable family environment.
  
  
• Establishment of legal parent-child relationship
  Through adoption, a parent-child relationship is established with the same legal rights as a biological child.Adopted children are legally entitled to inheritance rights and are obligated to support their parents, thus providing legal and financial security.

Current Status and Issues in the Adoption System

• Decrease in the number of adoptions
  In recent years, in JapanThe number of regular adoptions is declining.While the need for adoptions to maintain traditional "homes" is declining,Special adoptions and other adoptions for welfare purposes are on the rise.
  
  
• Expansion of the special adoption system
  Introduced in 1988Special adoption is a system in which a child is adopted with the consent of the birth parents.In recent years, the age requirement for special adoptions has been expanded and the system has been revised to include children under the age of 18. These amendments are intended to ensure that more children can grow up in a stable family environment.
  
  
• Cooperation with the foster care system
  Under the Child Welfare Law, the foster care system and adoption work together,Increasingly, temporary shelter is being offered to children who are unable to obtain parental protection.Foster care is intended to provide short-term protection, while adoption is intended to establish a permanent parent-child relationship.
  
  
• Social prejudice and lack of awareness
  Social prejudice and lack of understanding about adoption remains a challenge. In particular, the way people look at adoptive families and their attitudes toward the child's birth background can make the choice to adopt difficult. SuchPrejudice must be eliminated and society as a whole must understand the significance of the adoption system.
  
  
• The Challenges of International Adoption
  In international adoptions, cultural differences, language issues, and the complexity of legal procedures can present challenges. In particular, differences in the legal systems between the country of origin and Japan can prevent some adoptions from proceeding smoothly, so international cooperation is necessary.

(Source:Ministry of Justice Number of special adoptions approved)

Know the difference between regular and special adoptions.

Regular adoption is a way to legally establish a relationship between an adopted child and his or her adoptive parents, but the adopted child maintains a relationship with his or her birth parents. A special adoption severs the relationship with the birth parents and forms a completely new parent-child relationship. Let's look at the differences and purposes of each system.

regular adoption (official adoption with the consent of both parties and without dissolving the relationship with the biological parents)

Objective.:
It is often done mainly to strengthen family relationships, to prepare for inheritance, or to pass on the family business. For example,A child may be adopted when there is no heir.

feature:

• Maintain relationship with biological parents: In a regular adoption, the legal parent-child relationship with the birth parents continues even after the child is adopted. This means that the adopted child has inheritance rights from both birth and adoptive parents.
  
• Requirements for adoptive parents: There are no special age restrictions for adoptive parents; any adult can adopt a child.
  
• Age of adopted child: There is no age limit for adopting a child. Adults can also be adopted.
  
• procedureThe process is relatively simple and easy,It is legally recognized simply by notifying the municipality of the adoption.

legal effect:

• Adopted children are recognized as legal children of their adoptive parents and are subject to rights and obligations such as inheritance rights and support obligations.
• Since the parent-child relationship with the biological parent is maintained, the child also continues to have inheritance rights from the biological parent.

special adoption (of an heir)

Objective.: With the welfare of the child as the top priority, this system is designed to ensure that children without parental protection grow up in a stable home.It is often used in conjunction with the foster care system to improve the child's living environment.

feature:

• Severed relationship with biological parents: In a special adoption, when the adoption is finalized,The adopted child's legal parent-child relationship with the birth parents is completely dissolved and only a new parent-child relationship with the adoptive parents is established.This extinguishes the right to inherit from the natural parent.
  
• Requirements for adoptive parents: As a general rule, adoptive parentsMust be at least 25 years old(In the case of a married couple, if one of them is over 25 years old, the other can be over 20 years old).
  
• Age of adopted child: As a general rule, adopted children areChildren under 15 years old are eligible.(However, if the family court deems it necessary, special exceptions may be made for those 15 years of age or older.)
  
• Family Court Trial: Special adoptions are carried out through a family court hearing. Only after a hearing is held and it is determined that the adoption is in the best interest of the child will the adoption take place.
  
• consent of biological parent(s): In principle, the consent of the biological parent is required.However, even if the birth parents cannot give their consent due to abuse or abandonment, a special adoption may be approved at the discretion of the court.

legal effect:

• The legal parent-child relationship with the birth parent is completely severed and a new parent-child relationship is established with the adoptive parent.
• An adopted child has the same legal status as the biological child of the adoptive parents and is entitled to inheritance rights and other rights.
• Since the legal relationship with the birth parent is severed, the inheritance rights and support obligations from the birth parent are extinguished.

As above,regular adoption (official adoption with the consent of both parties and without dissolving the relationship with the biological parents)is a system for establishing a legal parent-child relationship with an adoptive parent while maintaining a relationship with the birth parent, and is used for inheritance planning and family strengthening.special adoption (of an heir)is a system that emphasizes the welfare of the child and allows the child to grow up in a new home, severing the legal relationship with the birth parents.

Know the advantages and disadvantages of adoption.

For adoption,Various advantages when trying to have a new family without marriageOn the other hand, there are also disadvantages in terms of legal and psychological challenges and social aspects. This section summarizes the advantages and disadvantages of adoption.

Benefits of Adoption

• Able to provide a stable home for their children
  Special adoptions, in particular, provide a new home for children who do not have the protection of their parents, allowing them to grow up in a stable environment. This is a very important benefit from a child welfare perspective.
  
  
• Use as an inheritance measure
  By regular adoption,It can increase the number of legal heirs and is effective as an inheritance tax measure.For example, if the number of legal heirs increases, the basic exemption amount may increase, thereby reducing the inheritance tax burden. HoweverFor the calculation of the basic and other deductions, there is a limit of one child for regular adoptees with biological children, and two children for those without biological children. There is no limit on the number of specially adopted children.
  
  
• Survival of the family business or home
  For families without an heir, adopting a child can be a great way to carry on the family business, property, and traditions. This allows for the continuation and development of the family.
  
  
• Providing legal protection
  By adoption,An adopted child can legally have the same rights as a biological child.This means that not only inheritance rights, but also support obligations and other legal rights and obligations arise.
  
  
• Building a parent-child relationship based on love
  Adoption is,It is an opportunity to build new family relationships that are not limited by blood.The adoptive parents' deep love for their children and the nurturing of the parent-child bond can provide a mentally stable environment for the children.
  
  
• Building Family Relationships for Same-Sex Couples
  Discussions on legal issues have been drawing attention in recent years as more and more same-sex couples are adopting children. Under the current Civil Code, same-sex couples cannot be registered in the same family register, butBy adopting a child, the child is recognized as a real family member.

Disadvantages of Adoption

1. Psychological and emotional challenges
   Adoption is for both adoptive parents and adopted children.It can involve a great psychological burden.For the adopted child, questions about his or her birth and identity may arise in the future, and for the adoptive parents, anxiety about raising a child who is not related to them may exist.
   
   
2. The complexity of the adoption process
   In the case of a special adoption, a family court hearing is required,The procedure can be very rigid and time consuming.There is also a burden on the adoptive parents as they are required to prepare for the adoption of the child and to screen and interview the child for adaptation. In the case of special adoption, the relationship with the birth parents is severed and, as a rule, the child cannot be returned to his or her birth parents.
   
   
3. Social prejudice and lack of understanding
   Social prejudice against adoption may persist, especially in some regions and cultures. Adopted children and adoptive parents may be subjected to prejudice and discrimination, which can be emotionally taxing.
   
   
4. Challenges in the relationship with biological parents
   In a regular adoption, the birth parents may intervene in the life and legal affairs of the child because they remain in a legal relationship with the birth parents. This is,This can cause problems and complicate the relationship between the adoptive and birth parents.
   
   
5. Trouble in Inheritance
   If the adoption is for inheritance purposes,This may cause problems with other heirs.For example, an adoption may be perceived as unfair to other heirs, leading to inheritance disputes. To prevent problems, have a thorough discussion with the prospective heirs before the adoption,It is important to properly leave your feelings and your share of the inheritance through a will.
   
   
6. Cultural Challenges in International Adoption
   International adoptions require adaptation to a different cultural and language environment, and the adopted child may not adjust well to the new living environment. Adoptive parents must also be flexible in dealing with different cultures and different values.

Adoption is,It is an important institution that expands the family form and provides love and stability for the child.However, it also entails legal procedures, psychological challenges, and social prejudice, and requires sufficient understanding and preparation. It is especially important that adoptive parents and adopted children proceed with caution, fully understanding the advantages and disadvantages of adoption in order to mutually trust each other and grow together as a new family.

In Japan in particular, the family system is deeply entrenched, and it is true that misunderstandings and social prejudice against adoption remain stronger than in Western societies.I feel that we citizens need to work together with the government to expand the welfare system and realize a society free of discrimination and prejudice.

Know the requirements and procedures for adoption.

Requirements and Procedures for Ordinary Adoption

Requirements and Procedures for Special Adoption

requirement

• Age requirement for adoptive parents: As a general rule, adoptive parents must be at least 25 years old.(In the case of a married couple, one of them must be at least 25 years old, and the other must be at least 20 years old).
  
• Age Requirements for Adopted Children: Adopted children are generally minors under 15 years of age(As an exception, it is possible to be 15 years of age or older if the family court approves).
  
• consent of biological parent(s): In principle, consent of biological parents is required.However, in cases of abuse or other specific reasons, the procedure may proceed without consent.
  
• marital statusIn principle : In principleAdoptive parents must be a married couple (a single person cannot be an adoptive parent).

Procedures

As mentioned above, the steps involved in a special adoption must be quite careful and rigorous.

Learn about LGBTQ+ and Adoption

Adoption by same-sex couples is particularly affected by provisions in the Japanese legal system regarding special adoptions. In Japan, there are several legal and social barriers to adoption by same-sex couples. The following is a more detailed explanation of same-sex couples and adoption.

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1. Japan's current laws and same-sex couples

special adoption (of an heir)

• Legal Restrictions: The Japanese Law on Special Adoption (Civil Code Article 817-2 to Article 817-10) is,It stipulates that the requirements for adoptive parents are that they be husband and wife.Therefore,Under current law, same-sex couples are not eligible for special adoptions.Because of this law, same-sex couples cannot adopt a child through special adoption.

regular adoption (official adoption with the consent of both parties and without dissolving the relationship with the biological parents)

• possibility: With regard to regular adoptions, the requirements for adoptive parents are relatively relaxed and can be done as long as the child is an adult.Same-sex couples can also apply to adopt individually.But the adopted child has a separate legal parent-child relationship. In a regular adoption, there are complications in the legal aspect because of issues of parental rights and inheritance rights of the adoptive parents.

2. The Reality of Regular Adoption by Same-Sex Couples

• Procedures and implementation:
  It is legally possible for same-sex couples to adopt a regular child, though,In practice, care must be taken in implementation because of the procedures at government offices, coordination with other heirs, and legal rights issues involved.In addition, same-sex couples may have more complicated legal rights and obligations with respect to their adopted children.
  
  
• Inheritance Issues:
  In a regular adoption, the adopted child maintains a legal parent-child relationship with his or her birth parents, and there are complications in inheritance rights and obligations. In particular,Because same-sex couples may face issues related to inheritance, it is important to obtain legal advice in advance.

3. Social Background on Adoption by Same-Sex Couples

• Social acceptance:
  Adoption by same-sex couples is legally restricted in many areas, though,Social acceptance is gradually increasing.While some regions and communities have shown support and understanding for adoption by same-sex couples, nationwide, the legal system has not kept pace.
  
  
• regional difference:
  In Japan, different regions may have different attitudes toward adoption by same-sex couples. In particularIn large cities, there is a growing movement in favor of LGBTQ+ rights, while in rural areas, conservative attitudes may remain.For this reason, regional differences must be taken into account in some specific cases.

4. Future Prospects and Challenges

• Possibility of legal reform:
  In order to eliminate legal restrictions on adoption by same-sex couples in Japan, the Civil Code and other relevant laws and regulations must be amended.Recently, there has been a growing debate about LGBTQ+ rights, which may lead to legal reform in the future.
  
  
• Policy Changes:
  As long as there is no progress in the revision of laws regarding adoption by same-sex couples, the use of regular adoptions based on current laws and the promotion of social understanding are required. Efforts by the government and related agencies are important.

Under current Japanese law, same-sex couples are not allowed to adopt children through special adoptions, but are allowed to adopt children through regular adoptions. However,Because of the legal complexities and social prejudice often involved, it is important to consult with legal experts and welfare agencies as you go through the process.It is also expected that in the future there will be legal reforms and progress in social understanding.

summary

How was it?
The adoption system is a system that is attracting more attention than ever in today's increasingly diverse society. It is a very important system for realizing a "new way of family," but it is also an area that still requires social understanding and legal reform.

Because the adoption process is often complex, it is important to get the right support as you move through the process.It is recommended to obtain support from attorneys, judicial scriveners, administrative scriveners, child guidance centers, welfare agencies and adoption mediation organizations.