Adoptions are permitted without approval of the non-custodial natural parent and without approval of a court

When the parents of a child are not married, either because they never were, or because of divorce, the permission of the non-custodial natural parent (neither shinken nor kangouken) is not required for the child to be adopted by either a new spouse or relatives of the custodial parent. This raises many questions about the future well being and custody of the child should the custodial natural parent die or become incapable in the future.  (As reported abuse cases rise in Japan, articles from the press show that a large amount of abuse comes from a non-natural parent.)

Approval from the family court is not required in cases where a person is to adopt a minor who is a lineal descendant of him/herself or his/her spouse.  The adoption by a direct relative (its grandparents) of your spouse does not require the involvement of the family court and there is no way to know about it.  See Civil Code Article 798.

Solutions We Want To See

• Civil Code Article 798.which allows a person to adopt a minor child who is a lineal descendant of their own (e.g. a grandchild) or lineal descendant of their spouse, (e.g. the second wife of a grandfather adopting the grandchild of the first wife) without consent of the Family Court should be deleted. In order to ensure that adoption is made in the best interests of the child, this legal safeguard should be required, and the consent of both natural parents should be required for adoption.
• Ratification of the Hague Convention concerning International Adoption and other measures should be taken to establish stricter protective measures than for domestic adoption.

Articles

• TBD