The Adoption Process in Japan

A constitutional monarchy with a population of 128 million, its legal foundations underpinned by the Civil Code but accommodating customs from its imperial past (though the powers of the Emperor are now much curtailed), Japan is in many ways an intriguing mix of tradition and modernity. The cultural context it provides for adoption is quite unlike that of other modern developed nations and results in idiosyncrasies of law and practice that offer an interesting contrast with the experience of other jurisdictions studied, particularly those sharing a common law heritage. Although its population is twice that of the U.K., the proportion of children adopted is far lower and its continuing tradition of providing for the adoption of adults, is without any comparable precedent among developed nations.

In this chapter the concern in applying the template is as much to identify the ways in which Japan fails to fit the mould as to gather data equivalent to that found in respect of other jurisdictions. However, the chapter unfolds in the same way, beginning with a brief historical background and an outline of the social context. It then deals with the emerging characteristics of the adoption process and the modern influences on its development before providing an overview of modern adoption policy and law. In the main, as in the other jurisdiction specific chapters, it focuses largely on the regulatory framework: dealing with the roles of the parties and agencies involved; examining the thresholds for entering and exiting the process; the orders made by the court and their effects; and the consequences in terms of information rights etc. for all parties. The chapter concludes by considering the more singular characteristics of the adoption process in Japan and their significance.