Eligible Residence Statuses Through International Adoption

When a foreign-national child comes to live in Japan with adoptive parents, the applicable residence status depends on the type of adoption and the age of the adoptee.

• Adoptee through special adoption → Eligible for "Spouse or Child of Japanese National" status (treated the same as a biological child)
• Adoptee through ordinary adoption who is under 6 years of age → Eligible for "Long-Term Resident" status (as stipulated: "adopted child under 6 years of age")
• Adoptee through ordinary adoption aged 6 or over → Requires individual assessment and selection of an appropriate residence status (e.g., Family Stay may be considered)

The adoptive parent (the supporting party) must be a Japanese national, permanent resident, long-term resident, or special permanent resident — as required by the Immigration Services Agency for the Long-Term Resident status for adopted children under 6.

Two Types of Adoption in Japan

Japan has two types of adoption: ordinary adoption and special adoption. Since they are treated differently for residence status purposes, it is important to understand which type applies.

Ordinary Adoption

The legal parent-child relationship with the biological parents remains in place, while a new parent-child relationship is also established with the adoptive parents. Family court approval may be required when the child is young. For international adoptees under 6 years of age, this may lead to eligibility for the Long-Term Resident visa (as "an adopted child under 6 years of age supported by a Japanese national or equivalent").

Special Adoption

The legal parent-child relationship with the biological parents is terminated, and the adoptee is treated the same as a biological child of the adoptive parents. In principle, the adoptee must be under 15 years of age, the adoptive parents must be a married couple with at least one being 25 years of age or older, and family court approval is required after a monitoring period of at least 6 months. Once a special adoption is finalized, the adoptee becomes eligible for "Spouse or Child of Japanese National" residence status and can apply in the same manner as a biological child.

Key Points for the Long-Term Resident Visa (Adopted Child Under 6)

According to the Immigration Services Agency, an adopted child under 6 years of age who is supported and cared for by any of the following may be eligible for "Long-Term Resident" residence status:

• Japanese national
• Permanent resident
• Long-term resident (with a period of stay of 1 year or more, etc.)
• Special permanent resident

The review process places particular emphasis on the genuineness of the adoption (i.e., that it is not a sham), the substantive dependency relationship, and the adoptive parent's financial foundation (income, housing, etc.). Depending on the case, a Certificate of Eligibility application or a Permit for Acquiring Residence Status application will be submitted to obtain permission for entry and residence.

Applicable Law in International Adoption (Choice of Law)

In international adoption, a key issue is which country's law applies.

• General rule: The law of the adoptive parent's home country applies.
• If the law of the adoptee's home country includes provisions for the protection of the adoptee, those requirements must also be satisfied.
• When a foreign national adopts a Japanese child, the adoptive parent's national law applies; if that country follows the law of the domicile, Japanese law may apply.
• When a Japanese national adopts a foreign child, Japanese law generally applies; however, if the child's home country law requires permission or similar steps, those procedures must also be completed.

In all cases, if the child's country of origin has protective requirements under its law, they must be complied with.

Case-by-Case Summary

• When a Japanese national adopts the child of a foreign spouse: Japanese law generally applies. If the child is under 6, Long-Term Resident status may be available; if it is a special adoption, "Spouse or Child of Japanese National" status can be considered. If the child's home country requires permission, that process must also be completed.
• When a foreign spouse adopts a Japanese national's child: The adoptive parent's national law generally applies. If that country follows the domicile principle (Japan), Japanese law may apply. The child's residence status will be considered separately if the child holds Japanese nationality.
• When a Japanese couple adopts a foreign minor child: Japanese law is the basis. If the child is under 6, Long-Term Resident status may apply; if it qualifies as a special adoption, "Spouse or Child of Japanese National" status may be available. Any protective requirements under the child's home country law must also be met.

Period of Stay

The period of stay varies depending on the residence status obtained. Long-Term Resident status is typically granted for a set period (e.g., 1 year, 3 years, or 5 years), as is Spouse or Child of Japanese National status. If you wish to apply for permanent residence, you must separately satisfy the requirements for a permanent residence permit.

Key Factors Reviewed in Applications

When applying for residence status based on international adoption, the following points are particularly important:

• Genuineness of the adoption (i.e., that the family relationship is not fabricated)
• Age of the adoptee (under 6 years of age is required for Long-Term Resident status as "adopted child under 6")
• Dependency relationship and financial foundation (child support, housing, income/assets, etc.)
• Preparation of required documents (family register, court approval, documents from the child's home country, etc.; foreign-language documents must be accompanied by a Japanese translation)

The required documents and filing windows vary depending on the type of application (Certificate of Eligibility, Permit for Acquiring Residence Status, etc.). Please check the latest requirements on the Immigration Services Agency website.