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“Japanese couples living abroad want to adopt a relative’s child,” “I want to adopt my spouse’s child (stepchild) after marrying a Japanese national,” “If I adopt, can we live together in Japan?” — In consultations regarding international adoption, the distinction between the adoption procedures themselves and the Status of Residence for the child to live in Japan, which operate under separate rules, is often overlooked.
In conclusion, even if an adoption is established, it does not automatically grant Status of Residence or Japanese nationality. The Immigration Services Agency guides two types of Status of Residence based on adoption: Special Adoption (Status of Residence “Spouse or Child of Japanese National”) and Adoption of a child under 6 years old (Status of Residence “Long-Term Resident”). This article will organize the procedures for international adoption and Status of Residence, based on the provisions of the Act on General Rules for Application of Laws, Civil Code, Family Register Act, and Nationality Act, as well as guidance from the Ministry of Justice and the Immigration Services Agency.
When adoption occurs between individuals of different nationalities, the first question is “which country’s law determines the requirements for adoption (governing law).” Article 31, Paragraph 1 of the Act on General Rules for Application of Laws (hereinafter, the Act on General Rules) stipulates that adoption is governed by the national law of the prospective adoptive parent at the time of the adoption.
For example, if a Japanese couple adopts a foreign national child, the requirements are, in principle, determined by Japanese Civil Code. However, according to the latter part of the same article, if the national law of the adopted child requires the consent or approval of the individual or a third party (such as biological parents), or the permission of a public institution as a requirement for adoption, that requirement must also be met. The specific consent or permission required by the child’s national law varies by country, so confirmation with the embassy or consulate of the other country is necessary.
The form of adoption (the procedure by which it is established) is valid if it conforms to the governing law of establishment, or to the law of the place where the adoption is made (Article 34 of the Act on General Rules).
The main requirements for ordinary adoption when the adoptive parent is Japanese and Japanese law applies are as follows:
| Requirement | Content | Basis |
|---|---|---|
| Age of adoptive parent | Must have reached 20 years of age | Civil Code Article 792 |
| Prohibition of adopting older persons | Cannot adopt ascendants (parents, uncles, aunts, etc.) or older persons | Civil Code Article 793 |
| Married person | When adopting a minor, must do so jointly with spouse (except when adopting a legitimate child of one’s spouse, etc.) | Civil Code Article 795 |
| Spouse’s consent | A married person requires the consent of their spouse when entering into an adoption (except when adopting jointly, etc.) | Civil Code Article 796 |
| Child under 15 years old | Legal representative consents to the adoption on behalf of the child | Civil Code Article 797, Paragraph 1 |
| Minor child | Requires permission from the family court (not required when adopting one’s own direct descendant or that of one’s spouse) | Civil Code Article 798 |
According to Article 798 of the Civil Code, permission from the family court is required to adopt a minor. However, if the adopted child is a direct descendant of oneself or one’s spouse (child or grandchild), permission is not required. When adopting a relative’s child (nephew, niece, etc.) living overseas, as they are not direct descendants, permission is, in principle, required.
If the child to be adopted is under 15 years old, their legal representative (usually the biological parent with parental authority, etc.) consents to the adoption on behalf of the child (Civil Code Article 797, Paragraph 1). In the case of a foreign national child, who constitutes the legal representative varies depending on the child’s circumstances, so confirmation is also necessary.
Special Adoption is an adoption in which the kinship with the biological relatives (such as biological parents) is terminated (Civil Code, Article 817-2, Paragraph 1 and Article 817-9). Unlike ordinary adoption, which is established merely by notification, Special Adoption is established by a family court decision upon the request of the prospective adoptive parent(s).
According to the Ministry of Justice, the age limit for adopted children was raised from generally under 6 years of age to generally under 15 years of age by the 2019 revision of the Civil Code (enforced on April 1, 2020).
Once the decision is finalized, the person who made the request must file a notification, accompanied by a certified copy of the decision, within 10 days from the date of finalization (Article 63, Paragraph 1 of the Family Register Act applies mutatis mutandis to Article 68-2). Special Adoption generally cannot be dissolved (Civil Code, Article 817-10).
Ordinary Adoption is established by notification (Civil Code, Article 799 applies mutatis mutandis to Article 739; Family Register Act, Article 66). According to the Ministry of Justice Civil Affairs Bureau’s Family Register Q&A, when a Japanese national and a foreign national, or two foreign nationals, adopt a child in Japan, the notification must be accepted. Upon acceptance, for Japanese nationals, it is recorded in the family register, and for foreign nationals, the notification document is preserved for 50 years.
An adopted child acquires the status of a legitimate child of the adoptive parent(s) from the date of adoption (Civil Code, Article 809) and generally assumes the surname of the adoptive parent(s) (Civil Code, Article 810).
Even if an adoption is established, a child who remains a foreign national and wishes to reside in Japan requires a Status of Residence. The Immigration Services Agency provides guidance on the following two Statuses of Residence for adopted children:
| Type of Adoption / Child’s Age | Status of Residence | Immigration Services Agency Guidance |
|---|---|---|
| Special Adoption by a Japanese National | Spouse or Child of Japanese National | “Spouse or Special Adopted Child of a Japanese National, or a person born as a child of a Japanese National” |
| Adopted Child under 6 years of age (supported by a Japanese National, Permanent Resident, Long-Term Resident, or Special Permanent Resident) | Long-Term Resident | One of the categories based on the Long-Term Resident Notification (Ministry of Justice Notification No. 132 of 1990) |
| Ordinary Adoption not falling under the above | Not guided as a category based on adoption | Judgment will be made based on individual circumstances, so confirmation is required before adoption |
The Status of Residence “Spouse or Child of Japanese National” is defined in the Immigration Control Act’s Annexed Table as “Spouse or Special Adopted Child of a Japanese National, or a person born as a child of a Japanese National.” When applying as a Special Adopted Child, the Immigration Services Agency lists one of the following documents as required submissions:
The guidance for the Status of Residence “Long-Term Resident” includes cases where the applicant is an adopted child under 6 years of age who is supported by a Japanese National, Permanent Resident, Long-Term Resident, or Special Permanent Resident. Required documents when a Japanese national provides support include the Japanese national’s Family Register (if the fact of adoption is not recorded, a Certificate of Acceptance of Notification of Adoption is also required), Certificate of Residence, Certificate of Taxation (or Non-Taxation) of Resident Tax and Certificate of Tax Payment, Certificate of Employment or other documents proving occupation and income, Letter of Guarantee, and Birth Certificate issued by the applicant’s home country’s authority.
💡 Key Point: In the case of ordinary adoption, the Status of Residence category provided is for “adopted children under 6 years old.” If you are considering adoption after the child turns 6, it is crucial to confirm the prospects for a Status of Residence before the adoption.
While the Nationality Act stipulates the acquisition of Japanese nationality through birth (Article 2) or recognition (Article 3), it does not stipulate the acquisition of Japanese nationality through adoption. For an adopted child to obtain Japanese nationality, Naturalization is required.
However, Article 8, Paragraph 2 of the Nationality Act stipulates that a person who is an adopted child of a Japanese national, has continuously resided in Japan for one year or more, and was a minor under their national law at the time of adoption, may be permitted Naturalization even if they do not meet some of the Naturalization conditions. The following three conditions are relaxed:
Other conditions, such as having good conduct, are not relaxed. Permission for Naturalization is at the discretion of the Minister of Justice, and it may not be granted even if the conditions are met.
It is not uncommon for Japanese nationals in international marriages to adopt their foreign spouse’s child (stepchild). In such cases, the following points differ from general adoptions:
No. Adoption and Status of Residence are separate procedures. The Status of Residence categories provided by the Immigration Services Agency for adopted children are Special Adoption (Spouse or Child of Japanese National) and adopted children under 6 years old (Long-Term Resident). We recommend confirming the prospects for a Status of Residence before adoption.
If the adoptive parent is Japanese and the nephew is a minor, permission from the family court is generally required (Civil Code Article 798). This is because a nephew is not a direct descendant. Additionally, any consent or permission required by the nephew’s national law must also be met (Act on General Rules for Application of Laws Article 31, Paragraph 1, latter part).
The general rule is that the child must be under 15 years old at the time of filing the petition. There are exceptions, such as when the child has been under the care of the prospective adoptive parent since before reaching 15 years of age, and the petition was delayed due to unavoidable circumstances. If the child reaches 18 years of age before the adoption is finalized, they cannot be adopted (Civil Code Article 817-5).
Adoption alone does not grant Japanese nationality. If a child adopted by a Japanese national has continuously resided in Japan for more than one year and was a minor under their national law at the time of adoption, some naturalization conditions may be relaxed (Nationality Act Article 8, Item 2).
According to the Ministry of Justice’s Family Register Q&A, when foreign nationals adopt a child in Japan, the notification of adoption must be accepted, and the notification form is preserved for 50 years. Notifications concerning foreign nationals are submitted to the municipal office of the notifier’s place of residence (Family Register Act Article 25, Paragraph 2).
Yes, there is. The notification must be submitted within 10 days from the date the judgment becomes final, accompanied by a certified copy of the judgment (Family Register Act Article 68-2, which applies Article 63, Paragraph 1 mutatis mutandis).
In international adoption, four aspects operate under separate rules: establishment of adoption (governing law and family court), family register notification, Status of Residence, and nationality.
For procedures related to international marriage, please also refer to “Notification of Marriage for International Marriage,” “Notification of Birth for Children of International Marriage,” and “Notification of International Divorce.”
💴 Estimated Fees: Support fees for Application for Certificate of Eligibility and Application for Change of Status of Residence for adopted children are listed in the “Fee” section (the first online consultation up to 60 minutes is free). The requirements for naturalization and the process for the Legal Affairs Bureau are organized on the “Application for Permission of Naturalization in Miyazaki” page.
As an Administrative Scrivener Corporation in Miyazaki City, Miyazaki Prefecture, our office assists with residence procedures related to international marriage and international adoption.
Please feel free to use our free consultation service first.
📞 To book a phone consultation: 0985-68-0851
Before you submit, let us take a look.
Free Immigration Pre-Submission Check ›
For those who will apply for a status of residence at the Immigration Services Bureau by themselves. Before you submit, we check your application form and supporting documents and tell you about any missing documents and points to watch. We accept checks online (Google Meet, about 20 minutes) or via LINE.
・Eligible: applications for a Certificate of Eligibility, change of status of residence and extension of period of stay (applications for permanent residence are accepted only from residents of Miyazaki Prefecture). Naturalization is not covered.
・Online (Google Meet): once per application. Replies via LINE: available for the same application until you submit it.
・Our guideline for replies via LINE is, in principle, within 2 business days (we are closed on Saturdays, Sundays and public holidays; replies may take longer when we are busy).
・Please send copies of your documents by LINE or email. For your residence card, send the front side only; please do not send the side showing your My Number.
・What we tell you is our office’s opinion. It does not guarantee approval; the outcome depends on the decision of the Immigration Services Bureau.
・We only point out missing documents and points to watch. We do not prepare or rewrite your application documents for you or draft text for them, and we do not tell you whether your application is likely to be approved (if you would like to engage us, we will introduce the Self-Prep Course, the Light Plan and the Standard Plan).
・If we find that a document contains information that is not true, or that the application is not your own (or a family member’s), we will decline the check.
This article is written based on publicly available information as of September 2026. The governing law for adoption, consent/permission required by the child’s country, and attached documents for notification vary depending on the nationality, place of residence, and individual circumstances of the parties involved. The approval or denial of Status of Residence and permission for naturalization are determined by the Immigration Services Agency and the Minister of Justice based on individual circumstances. For consultations regarding permission/judgment procedures at the family court, please consult with an Attorney or other specialist. For actual notifications/applications, please confirm with the official information from municipal offices, Japanese diplomatic missions abroad (embassies/consulates), Immigration Services Agency, Legal Affairs Bureau, or our office.
Author of this article: Administrative Scrivener Authorized to File Applications, Satoshi Nakayama
Representative, Administrative Scrivener Corporation Miyazaki International Legal Office
Location: Miyazaki City, Miyazaki Prefecture
