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Difference between revisions of "Adopting from Japan"

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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/ja-lgflag.gif|410x579px|thumb|'''The official flag of Japan.'''<BR/>Source: cia.gov.}}
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/flags/large/ja-lgflag.gif|410x579px|thumb|'''The official flag.'''<BR/>Source: cia.gov.}}
  
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/ja-map.gif|410x579px|thumb|'''Map of Japan.'''<BR/>Source: cia.gov.}}
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/maps/ja-map.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}}
  
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/eas/ja_large_locator.gif|410x579px|thumb|'''Map of Japan.'''<BR/>Source: cia.gov.}}
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{{#eimage:https://www.cia.gov/library/publications/the-world-factbook/graphics/locator/eas/ja_large_locator.gif|410x579px|thumb|'''Map.'''<BR/>Source: cia.gov.}}
  
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/1/17/Horyu-ji11s3200.jpg/800px-Horyu-ji11s3200.jpg|410x579px|thumb|''' Golden Hall and Five-storied Pagoda of Hōryū-ji are Japan's National Treasures. Hōryū-ji is a Buddhist temple in Ikaruga, Nara prefecture, Japan.'''<BR/>Source: Wikipedia.org.}}
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/1/17/Horyu-ji11s3200.jpg/800px-Horyu-ji11s3200.jpg|410x579px|thumb|''' Golden Hall and Five-storied Pagoda of Hōryū-ji are [[Japan]]'s National Treasures. Hōryū-ji is a Buddhist temple in Ikaruga, Nara prefecture.'''<BR/>Source: Wikipedia.org.}}
  
 
{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/dc/Skyscrapers_of_Shinjuku_2009_January_%28revised%29.jpg/800px-Skyscrapers_of_Shinjuku_2009_January_%28revised%29.jpg|410x579px|thumb|'''Skyscrapers of Tokyo with Mt. Fuji in the backround.'''<BR/>Source: Wikipedia.org.}}
 
{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/d/dc/Skyscrapers_of_Shinjuku_2009_January_%28revised%29.jpg/800px-Skyscrapers_of_Shinjuku_2009_January_%28revised%29.jpg|410x579px|thumb|'''Skyscrapers of Tokyo with Mt. Fuji in the backround.'''<BR/>Source: Wikipedia.org.}}
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{{#eimage:http://www.bigfoto.com/asia/japan/japan25.jpg|410x579px|thumb|'''Japanese school children.'''<BR/>Source: bigfoot.com.}}
 
{{#eimage:http://www.bigfoto.com/asia/japan/japan25.jpg|410x579px|thumb|'''Japanese school children.'''<BR/>Source: bigfoot.com.}}
  
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/4/45/Geisha-kyoto-2004-11-21.jpg/497px-Geisha-kyoto-2004-11-21.jpg|410x579px|thumb|'''Kyoto Geisha's.'''<BR/>Source: Wikipedia.org.}}
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/4/45/Geisha-kyoto-2004-11-21.jpg/497px-Geisha-kyoto-2004-11-21.jpg|410x579px|thumb|'''Kyoto [[Geisha]]'s.'''<BR/>Source: Wikipedia.org.}}
  
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/c/c9/Kinkaku3402CBcropped.jpg/800px-Kinkaku3402CBcropped.jpg|410x579px|thumb|'''Shariden Kinkaku (Golden Pavilion) at Rokuonji (Temple of the Golden Pavilion) in Kyoto, Japan.'''<BR/>Source: Wikipedia.org.}}
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{{#eimage:http://upload.wikimedia.org/wikipedia/commons/thumb/c/c9/Kinkaku3402CBcropped.jpg/800px-Kinkaku3402CBcropped.jpg|410x579px|thumb|'''Shariden Kinkaku (Golden Pavilion) at Rokuonji (Temple of the Golden Pavilion) in Kyoto.'''<BR/>Source: Wikipedia.org.}}
  
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{{#eimage:http://www.bigfoto.com/asia/japan/japan-46.jpg|410x579px|thumb|'''Japan.'''<BR/>Source: bigfoto.com.}}
 
  
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'''Notice: As of July 14, 2014, all individuals and agencies facilitating [[international]] adoptions must be in compliance with the Intercountry [[Universal Accreditation Act]].'''
  
 +
The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.
  
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=Japan Adoption Alert=
 
  
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<span style="color:red">'''Notice: Japan Adoptions: Status of Adopting Orphans from Japan During Crisis (March 23, 2011)'''
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=About Japan=
 +
 
 +
In 1603, after decades of civil warfare, the Tokugawa shogunate (a military-led, dynastic government) ushered in a long period of relative political stability and isolation from foreign influence. For more than two centuries this policy enabled [[Japan]] to enjoy a flowering of its indigenous culture. To learn more please read [[About Japan]].
 +
 
 +
 
 +
=Japan Adoption Alert=
  
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The process for intercountry [[adoption]] from Japan has not changed as a result of the recent Earthquake. American citizens wishing to adopt from Japan can learn more about this process on the Japan country information page of the State Department website www.adoption.state.gov. The Department of State understands and appreciates the desire of American Citizens to offer their help during this crisis in Japan. If you are interested in more information on what private citizens can do to offer assistance in the disaster relief effort, please see the U.S. Agency for International Development website at http://www.usaid.gov/.
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To learn about [[adoption]] alerts in [[Japan]] please read [[Japan Adoption Alert]].
  
  
 
=Hague Convention Information=
 
=Hague Convention Information=
  
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Japan is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php Hague [[Adoption]] Convention]). Therefore, when the Hague [[Adoption]] Convention entered into force for the United States on April 1, 2008, intercountry [[adoption]] processing for Japan did not change for American citizens.
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[[Japan]] is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry [[Adoption]] ([http://adoption.state.gov/hague_convention/overview.php Hague [[Adoption]] Convention]). Therefore, when the Hague [[Adoption]] Convention entered into force for the United States on April 1, 2008, intercountry [[adoption]] processing for [[Japan]] did not change for American citizens. To learn more please read about [[Japan and the Hague Convention]].
  
  
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Please note: Japan does not have a comprehensive national law on intercountry [[adoption]].
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=Who Can Adopt=
  
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To bring an [[adopted]] child to United States from [[Japan]], you must be found eligible to [[adopt]] by the U.S. Government. To learn more please read about [[Who Can Adopt from Japan]].
  
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Japan has two distinct procedures for intercountry [[adoption]]:
 
  
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#American citizens can complete a full and final [[adoption]] in Japan under Japanese law. However, since Japanese law requires the adopting parents and the child to spend at least six months together before the [[adoption]] can be finalized, this option is generally only feasible for American citizens who are already resident in Japan.
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=Who Can Be Adopted=
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#(2) American citizens may obtain [[Legal Custody|legal custody]] of the child in Japan for the purposes of the child's emigration and a full and final [[adoption]] in the United States.
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[[Japan]] has specific requirements that a child must meet in order to be eligible for [[adoption]]. To learn more about these requirements please read [[Who Can Be Adopted from Japan]].
  
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Both alternatives require that the child meet the definition of "[[orphan]]" in the Immigration and Nationality Act (INA) Section 101(b)(1)(F) in order to qualify for issuance of an immediate immigrant visa to enter the United States in either category IR-3 (option 1) or IR-4 (option 2).
 
  
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=How to Adopt=
  
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'''"Special" and "Regular" Adoptions'''
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==Adoption Authority==
  
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For adoptions that are finalized in Japan, there are two types of adoptions under Japanese law - regular and special.
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'''[[Japan]]'s [[Adoption]] Authority'''
  
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[[Japan]]'s principal [[adoption]] authorities are the Family Courts and the Child Guidance Centers (CGC), both of which are administered at the prefectural level.
  
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"Regular" adoptions are not considered an option for American citizens wishing to adopt in Japan as they are based on Japanese cultural and family traditions and do not legally sever the ties between the child and his or her birth family. To date there have been no known cases of Americans applying for immigrant visas for children adopted under the Japanese "regular" [[adoption]] process. To be a valid [[adoption]] for U.S. immigration purposes there must be an irrevocable termination of the biological parent(s) - child relationship.
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==The Process==
  
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The process for adopting a child from [[Japan]] generally includes the following steps:
  
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"Special" adoptions in the Japanese context are an option for Americans who are resident in Japan. The law on special adoptions went into effect on January 1, 1988, having been created to protect children. Special adoptions more closely resemble Western-style adoptions. As in U.S. adoptions, a special [[adoption]] legally severs the child's ties, rights and privileges with regard to the [[Birth Parent|birth parent]](s) and any prior [[Adoptive Parents|adoptive parents]].
 
  
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=Who Can Adopt=
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# Choose an [[Adoption Service Provider]]
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# Apply to be Found Eligible to [[Adopt]]
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# Be Matched with a Child
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# [[Adopt]] the Child (or Gain [[Legal Custody]]) in [[Japan]]
 +
# Apply for the Child to be Found Eligible for [[Adoption]]
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# Bring Your Child Home
  
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To bring an adopted child to United States from Japan, you must be found eligible to adopt by the U.S. Government. The U.S. Government agency responsible for making this determination is the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS). Learn more.  
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To learn more about this process please read [[How to Adopt from Japan]].
  
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In addition to these U.S. requirements for prospective [[Adoptive Parents|adoptive parents]], Japan also has the following requirements for prospective [[Adoptive Parents|adoptive parents]]:
 
  
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=Traveling Abroad=
  
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==Residency==
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'''Applying for Your U.S. Passport'''
  
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There are no laws concerning the visa status of prospective [[Adoptive Parents|adoptive parents]]. However, parents almost always must reside in Japan during the entire court process, which takes a minimum of six months and possibly as long as 18 months. When the [[adoption]] is finalized at least one parent must be present at court. Proxy adoptions are not permitted.  
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A valid U.S. passport is required to enter and leave [[Japan]]. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports.  Getting or renewing a passport is easy. To learn more please read [[Traveling Abroad in Japan]].
  
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==Age of Adopting Parents==
 
  
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In special adoptions, prospective [[Adoptive Parents|adoptive parents]] must be over 25 years of age. However, if one parent is over 25, the other parent can be younger than 25 so long as he or she is at least 20 years old. In regular adoptions, prospective [[Adoptive Parents|adoptive parents]] must be at least 20 years of age.
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=After Adoption=
  
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==Marriage==
 
  
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In special adoptions, prospective [[Adoptive Parents|adoptive parents]] must be a married couple. In regular adoptions, there may be circumstances in which single people can adopt.
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'''What does [[Japan]] require of the [[Adoptive Parents|adoptive parents]] after the [[adoption]]?'''
  
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==Income==
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The [[Adoptive Parents|adoptive parents]] need to work with the Japanese [[Adoption Service Provider|adoption service provider]] to have the child's name removed from the [[Birth Mother|birth mother]]'s family registry (koseki). This is important to the [[Birth Mother|birth mother]] because she may have chosen intercountry [[adoption]] so that the child's name would be removed from her family registry.
  
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While there are no specific income requirements required by Japanese law, the prospective [[Adoptive Parents|adoptive parents]] likely will have to provide documentation on their income and finances.  
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Japanese children who are [[adopted]] by foreign parents and acquire a second nationality retain Japanese citizenship because they are not viewed as having acquired a second nationality by their own choice. According to Japanese law they should select their citizenship before reaching the age of 22.  
  
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==Other==
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'''What resources are available to assist families after the [[adoption]]?'''
  
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There are no laws regulating or addressing same-sex couples adopting in Japan, but there have been no known cases of this happening. However, it may be permitted if the prospective [[Adoptive Parents|adoptive parents]]' state recognizes the marriage as legal.
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Many [[Adoptive Parents|adoptive parents]] find it important to find support after the [[adoption]]. Take advantage of all the resources available to your family -- whether it's another adoptive family, a support group, an advocacy organization, or your religious or community services.  
  
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=Who Can Be Adopted=
 
  
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Japan has specific requirements that a child must meet in order to be eligible for [[adoption]]. You cannot adopt a child in Japan unless he or she meets the requirements outlined below.
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Here are some good places to start your support group search:
  
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[https://www.childwelfare.gov/pubs/f_postadoption.cfm Child Welfare Information Gateway]
  
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In addition to these requirements, a child must meet the definition of an [[orphan]] under U.S. law for you to bring him or her back to the United States. Learn more about these U.S. requirements.
 
  
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'''NOTE:''' Inclusion of non-U.S. Government links does not imply endorsement of contents.
  
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'''ELIGIBILITY REQUIREMENTS:'''
 
  
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Requirements for a child to be adopted under Japanese law: 
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=Contact Information=
  
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'''U.S. Embassy in [[Japan]]'''
 +
Box 114
 +
1-10-5 Akasaka Minato-ku
 +
Tokyo 107-8420, [[Japan]]
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Tel: (81)(3) 3224-5000
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Fax: (81)(3) 3224-5929
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Intenet: [http://tokyo.usembassy.gov/ U.S. Embassy Japan] 
  
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'''[[Abandonment]] Requirements:''' For a child to be adopted under the special [[adoption]] law, the child must be under the age of 6 at the time the [[Petition to Adopt|petition to adopt]] is filed. However, the [[adoption]] can still proceed if the child is under the age of 8 and the prospective [[Adoptive Parents|adoptive parents]] have had [[custody]] of the child and continually cared for the child since before the child was 6 years of age.
 
  
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'''[[Abandonment]]/Relinquishment Requirements:'''  Japanese law does not specify that the child must be an "[[orphan]]" (i.e., as defined in U.S. immigration law) in order for the [[adoption]] to proceed. According to Article 817-7, a special [[adoption]] can be granted when:
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'''[[Japan]]'s [[Adoption]] Authority'''
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# It is extremely difficult for the biological parents to take care of the child;
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# It is considered inappropriate for the biological parents to raise the child; and/or
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The Family Court and the Child Guidance Center (CGC) are administered at the local prefectural level and are often located in the City or Ward Office.
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# It is in the interests of the child.
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'''Please note:''' The family court uses these guidelines to determine whether or not to grant the [[adoption]], taking the specific circumstances of each case into account. Please note that it is possible for the Japanese court to issue a final [[adoption]] order, but for the child to still be ineligible for an IR-3 immigrant visa because he or she does not meet the U.S. definition of "[[orphan]]" in the U.S. Immigration and Nationality Act (INA 101(b)(1)(F)).
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=How to Adopt=
 
  
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'''Embassy of [[Japan]]'''
 +
 +
2520 [[Massachusetts]] Ave., NW
 +
[[Washington]], D.C. 20008-2869
 +
Tel: (202) 939-6700
  
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==    Adoption Authority==
 
  
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==The Process==
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[[Japan]] also has Consulates in Anchorage, Atlanta, Boston, Chicago, Detroit, Honolulu, Houston, Miami, [[Kansas]] City (MO), Los Angeles, New Orleans, [[New York]], Portland (OR), Saipan (Mariana Islands), San Francisco, Seattle, and Tamuning (Guam).
  
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=Traveling Abroad=
 
  
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'''Office of Children's Issues'''
  
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=After Adoption=
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U.S. Department of State 
 +
CA/OCS/CI 
 +
SA-17, 9th Floor
 +
[[Washington]], DC 20522-1709
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Tel: 1-888-407-4747
 +
E-mail: AskCI@state.gov
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Internet: [http://adoption.state.gov U.S. Department of State]
 +
 
 +
 
 +
'''U.S. Citizenship and Immigration Services (USCIS)'''
 +
 +
For questions about immigration procedures, call the National Customer Service Center (NCSC)
  
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1-800-375-5283 (TTY 1-800-767-1833)
  
 
==SOURCE==
 
==SOURCE==
  
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'''Intercountry [[Adoption]], Bureau of Consular Affairs.  U.S. Department of State Country Information'''
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'''Intercountry [[Adoption]], Bureau of Consular Affairs.  U.S. Department of State Country Information''' adoption.state.gov/country_information/country_specific_info.php?country-select=japan
  
 
[[Category: International Adoption]]
 
[[Category: International Adoption]]

Latest revision as of 05:03, 19 February 2018

The official flag.
Source: cia.gov.

Map.
Source: cia.gov.

Map.
Source: cia.gov.

Golden Hall and Five-storied Pagoda of Hōryū-ji are 's National Treasures. Hōryū-ji is a Buddhist temple in Ikaruga, Nara prefecture.
Source: Wikipedia.org.

Skyscrapers of Tokyo with Mt. Fuji in the backround.
Source: Wikipedia.org.

Hanging roof Ryogoku Kokugikan.
Source: Wikipedia.org.

Tokyo Dome, downtown Tokyo.
Source: Wikipedia.org.

Collage of Kyoto.
Source: Wikipedia.org.

Japanese school children.
Source: bigfoot.com.

Kyoto 's.
Source: Wikipedia.org.

Shariden Kinkaku (Golden Pavilion) at Rokuonji (Temple of the Golden Pavilion) in Kyoto.
Source: Wikipedia.org.


Notice: As of July 14, 2014, all individuals and agencies facilitating international adoptions must be in compliance with the Intercountry Universal Accreditation Act.

The information contained on this website is for educational purposes only and is not intended to be a substitute for professional legal advice. Always seek the advice of a licensed and qualified professional. While the content of this website is frequently updated, information changes rapidly and therefore, some information may be out of date, and/or contain inaccuracies, omissions or typographical errors.


About Japan

In 1603, after decades of civil warfare, the Tokugawa shogunate (a military-led, dynastic government) ushered in a long period of relative political stability and isolation from foreign influence. For more than two centuries this policy enabled Japan to enjoy a flowering of its indigenous culture. To learn more please read About Japan.


Japan Adoption Alert

To learn about adoption alerts in Japan please read Japan Adoption Alert.


Hague Convention Information

Japan is not party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). Therefore, when the Hague Adoption Convention entered into force for the United States on April 1, 2008, intercountry adoption processing for Japan did not change for American citizens. To learn more please read about Japan and the Hague Convention.


Who Can Adopt

To bring an adopted child to United States from Japan, you must be found eligible to adopt by the U.S. Government. To learn more please read about Who Can Adopt from Japan.


Who Can Be Adopted

Japan has specific requirements that a child must meet in order to be eligible for adoption. To learn more about these requirements please read Who Can Be Adopted from Japan.


How to Adopt

Adoption Authority

Japan's Adoption Authority

Japan's principal adoption authorities are the Family Courts and the Child Guidance Centers (CGC), both of which are administered at the prefectural level.

The Process

The process for adopting a child from Japan generally includes the following steps:


  1. Choose an Adoption Service Provider
  2. Apply to be Found Eligible to Adopt
  3. Be Matched with a Child
  4. Adopt the Child (or Gain Legal Custody) in Japan
  5. Apply for the Child to be Found Eligible for Adoption
  6. Bring Your Child Home

To learn more about this process please read How to Adopt from Japan.


Traveling Abroad

Applying for Your U.S. Passport

A valid U.S. passport is required to enter and leave Japan. Only the U.S. Department of State has the authority to grant, issue, or verify U.S. passports. Getting or renewing a passport is easy. To learn more please read Traveling Abroad in Japan.


After Adoption

What does Japan require of the adoptive parents after the adoption?

The adoptive parents need to work with the Japanese adoption service provider to have the child's name removed from the birth mother's family registry (koseki). This is important to the birth mother because she may have chosen intercountry adoption so that the child's name would be removed from her family registry.

Japanese children who are adopted by foreign parents and acquire a second nationality retain Japanese citizenship because they are not viewed as having acquired a second nationality by their own choice. According to Japanese law they should select their citizenship before reaching the age of 22.

What resources are available to assist families after the adoption?

Many adoptive parents find it important to find support after the adoption. Take advantage of all the resources available to your family -- whether it's another adoptive family, a support group, an advocacy organization, or your religious or community services.


Here are some good places to start your support group search:

Child Welfare Information Gateway


NOTE: Inclusion of non-U.S. Government links does not imply endorsement of contents.


Contact Information

U.S. Embassy in Japan Box 114 1-10-5 Akasaka Minato-ku Tokyo 107-8420, Japan Tel: (81)(3) 3224-5000 Fax: (81)(3) 3224-5929 Intenet: U.S. Embassy Japan


Japan's Adoption Authority

The Family Court and the Child Guidance Center (CGC) are administered at the local prefectural level and are often located in the City or Ward Office.


Embassy of Japan

2520 Massachusetts Ave., NW Washington, D.C. 20008-2869 Tel: (202) 939-6700


Japan also has Consulates in Anchorage, Atlanta, Boston, Chicago, Detroit, Honolulu, Houston, Miami, Kansas City (MO), Los Angeles, New Orleans, New York, Portland (OR), Saipan (Mariana Islands), San Francisco, Seattle, and Tamuning (Guam).


Office of Children's Issues

U.S. Department of State CA/OCS/CI SA-17, 9th Floor Washington, DC 20522-1709 Tel: 1-888-407-4747 E-mail: AskCI@state.gov Internet: U.S. Department of State


U.S. Citizenship and Immigration Services (USCIS)

For questions about immigration procedures, call the National Customer Service Center (NCSC)

1-800-375-5283 (TTY 1-800-767-1833)

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information adoption.state.gov/country_information/country_specific_info.php?country-select=japan