Revision as of 03:49, 24 March 2014 (view source) Admin (Talk | contribs) (→‎Hague Convention Information) ← Older edit		Revision as of 03:54, 24 March 2014 (view source) Admin (Talk | contribs) (→‎Who Can Adopt) Newer edit →
Line 60:		Line 60:
	=Who Can Adopt=		=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. 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.
		+
		+	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]]:
	==Residency==		==Residency==
		+
		+	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.
	==Age of Adopting Parents==		==Age of Adopting Parents==
		+
		+	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.
	==Marriage==		==Marriage==
		+
		+	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.
	==Income==		==Income==
		+
		+	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.
	==Other==		==Other==
		+	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.
	=Who Can Be Adopted=		=Who Can Be Adopted=

---

Revision as of 03:54, 24 March 2014

Japan Adoption Alert

Notice: Japan Adoptions: Status of Adopting Orphans from Japan During Crisis (March 23, 2011)

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/.

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.

Please note: Japan does not have a comprehensive national law on intercountry adoption.

Japan has two distinct procedures for intercountry adoption:

1. 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.
2. (2) American citizens may obtain 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.

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).

"Special" and "Regular" Adoptions

For adoptions that are finalized in Japan, there are two types of adoptions under Japanese law - regular and special.

"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.

"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(s) and any prior adoptive parents.

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. 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.

In addition to these U.S. requirements for prospective adoptive parents, Japan also has the following requirements for prospective adoptive parents:

Residency

There are no laws concerning the visa status of prospective 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.

Age of Adopting Parents

In special adoptions, prospective 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 must be at least 20 years of age.

Marriage

In special adoptions, prospective adoptive parents must be a married couple. In regular adoptions, there may be circumstances in which single people can adopt.

Income

While there are no specific income requirements required by Japanese law, the prospective adoptive parents likely will have to provide documentation on their income and finances.

Other

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' state recognizes the marriage as legal.

Who Can Be Adopted

How to Adopt

Adoption Authority

The Process

Traveling Abroad

After Adoption

SOURCE

Intercountry Adoption, Bureau of Consular Affairs. U.S. Department of State Country Information