Can I acquire Japanese nationality by adopting a foreigner?

Naturalization application requirements and adoption

One of the most frequently asked questions when discussing naturalization applications is"Can I be naturalized if I adopt a Japanese person?"There is a thing called.Some people may think that by becoming a Japanese adopted child, their ties to Japan will be recognized, making it easier for them to be granted naturalization, and they will be able to acquire Japanese nationality.

If a foreigner adopts a child with a Japanese parent, the requirements for a naturalization application are the so-calledHousing requirements (Have an address in Japan for more than 5 consecutive years）. If you are eligible for a relaxation of housing requirements through adoptionIsMore than 5 yearsnot,If you have had an address in Japan for more than one year, you meet the residence requirements.It will be.

So, under what circumstances can adoption qualify for relaxation of residence requirements for naturalization application and provide an advantageous way to apply for naturalization toward acquiring Japanese nationality? Explanation of the outline and types of the adoption system. I will also do this together.

XNUMX. XNUMX.International adoption

If a foreign child is adopted and a Japanese person becomes the adoptive parent in Japan, the adoption process is as follows:Japanese lawEstablished and processed byIn addition, if the law of the country of the foreigner who is to be adopted requires the approval/agreement of the child himself or his biological parents, or the decision/permission of an institution such as a court, these will also be required. .

XNUMX. XNUMX.Types of adoption

AdoptionIsOrdinary adoptionとSpecial adoption.

▼ Ordinary adoption

Ordinary adoption isCreates a parent-child relationship between the adopted child and the adoptive parents while maintaining the parent-child relationship between the adopted child and the biological parents.is.The description on the family register of the adopted child is"adopted/adopted daughter"It is said.

[Requirements for normal adoption]

• Adoptive parents must be adults
• the adopted child is not an ascendant or elder of the adoptive parent;
• If a married person adopts a minor, both husband and wife must be adoptive parents.
• Spousal consent if the adoptive parent or the adoptee is married
• If the adopted child is under the age of 15, the consent of a legal representative such as a person with parental authority is required.
• If the person to be adopted is a minor, permission must be obtained from the family court.

And ordinary adoptionNotification to the mayor of municipalityIt is established by doing

▼ Special adoption

Special adoption isTerminate the parent-child relationship with the biological parent and establish a new parent-child relationship with the adoptive parentAdoption.The description on the family register of the adopted child is"eldest son/eldest daughter"It is said.
In order to sever the parent-child relationship with the biological parents, the requirements for special adoption areIt is stricter than ordinary adoption.

[Requirements for special adoption]

• have parental consent
• Adoptive parents must be over 25 years old and married
• In principle, the adoptee must be under the age of 15 when the adoptee files a trial with the family court You can request a trial until you reach the age of 15.)
• The adoptive parent has taken custody of the adoptee for at least 6 months
• Receiving a Family Court Decision

XNUMX.Does adoption make naturalization easier?

Then,Adoption that can advance the application for naturalization in an advantageous mannerWhat is the case?

▼ If a minor is adopted

At the time of adoption, the person being adopted"underage"This may be the case if
The term "minor" here meansUnderage under the law of the adoptive countryRefers to those who are.

Those who will be adopted during adoptionUnderage under the law of the home countryAndContinue to have an address in Japan for over a yearIf so, you may be able to naturalize and acquire Japanese nationality.

▼ If the child is adopted after becoming an adult

If you are adopted after becoming an adult,Favorable measures will not be taken for naturalization applications.Also, no preferential treatment will be given regarding residence status (visa).
This is to prevent illegal entry and stay using the adoption system.

XNUMX.What are the cases where naturalization is not permitted even if the child is adopted?

There are cases where the naturalization application is not approved even if the child is adopted, as listed below.

[Case where naturalization application is not accepted even after adoption]

• If the adopted child is not a minor at the time of adoption
• If the adopted child has not had an address in Japan for more than one year
• If you do not meet the requirements for other naturalization applications

XNUMX. Conclusion

So far, I have explained about adoption and naturalization application.
Cases in which it would be advantageous to apply for naturalization (acquisition of Japanese nationality) by adopting a child are as follows:"When the person to be adopted is a minor at the time of adoption and has continued to have an address in Japan for more than one year."It will be said.

If you have any questions about the naturalization application, or if you have any concerns about applying for naturalization, please contact us.Climb Immigration Lawyer OfficePlease consult