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💴 | [Preserved version] Summary of inheritance tax measures that you should know


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[Preserved version] Summary of inheritance tax measures that you should know

 
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Also, if you adopt a child only for the purpose of saving tax, there are disadvantages such as troubles easily occur when dividing the heritage, so consider carefully.
 

It is important to prepare for inheritance tax measures before you live, and if you save tax in the right way, you can reduce the inheritance tax to zero ... → Continue reading

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Tax saving purpose

Adoption

Adoption(Yoshiengumi)[1][*1]Is concreteBlood relationshipArtificially regardless of relationshipParent-childIt means to generate a relationship.EnglishThen "Adoption"Good (second meaning)[2],JapaneseAlso thisSound recording officialForeign words"Adaptation""AdoptionThere is[3].

Set by this relationshipparent-ChildIn modern Japanese,Adoptive parent(Yoshin)[4][*2]-Adopted child(Yoshi)[5]To say[*3]..養子をAdoptSexThe words to be called byFemaleOnly inadopted daughter(Yojo) is good (As a second meaning)[6],MaleThere is no word to distinguish[*4].Adoptive parents and children(Yoshinshi) refers to the parent-child relationship created by adoption, and is also a general term for adoptive parents and adopted children.[7], Refers to parent and child based on blood relationshipReal parent and child(Jitsushinshi, Jitsushinshi)AntonymHave a relationship[8]..養親にあたるAdoptive parent父とmotherTo eachAdoptive father(Yofu) ・foster mother(Yobo)[4], TogetherAdoptive parents(Yofubo)[4]. this isGrandparentsBut the same,Adoption(Yomago Enkumi) ・Adoptive grandfather(Iodine) ・Adoptive grandmother(Iodine) ・Adoptive grandparentsIt's called (Yosofubo).Also, the one who went to adoptionHomeIt is,Adopted(Yoshisaki)Adopter(Yoka),How to feedAlso called (youkata)[9][10].

History of adoption system

Why the adoption system was needed

So-calledPatriarchyBased on家族If you have adopted the systemParents-Family businessAn adoption system is needed to obtain successors and heirs to property.Ancient romeThe system of is such a system,JapanEven inThe Constitution of JapanWith the enactment ofFamily lawThe adoption system before the major revision wassamuraiInheriting the values ​​ofFamily systemWas a system to maintain[*5]..また、これとは別にAlso, apart from thisModernpreviousEast AsiaThen, more fictitiousParent-child"Yoshiko" (Yoshiko), who has a strong relationshipChugoku)・「nephewThere was a system such as "(Japan).

after that,EuropeThen.キ リ ス ト 教The spread of神It is not possible for anyone other than others to create a parent-child relationship without permissionblasphemyAlthough the adoption system is temporarily abolished,ReligiousHas progressedThe early modern periodLaterFor parentsWill function as a system of.In other wordsold age OfSupportWant to get or feed a parentless childPhilanthropyIt will have a function aimed at satisfying the spirit.

19st centuryIn the middleThe United States of AmericaAnd the adoption system for giving home to disadvantaged children, that isFor childrenSystem was introduced.ヨーロッパでもEven in EuropeWorld War IByOrphanHas increased, and adoption legislation on adoption for children has been introduced.日本においては、日本国憲法制定に伴い改正された家族法が子のためのIn Japan, the family law revised with the enactment of the Constitution of Japan is for children.welfareI introduced this from the viewpoint, but the full-scale introduction1988 (ShowaWe will wait for the special adoption system (described later) that came into effect in 63.

The reasons why the adoption system was required are as described above, but in reality, adoption is carried out due to various circumstances, regardless of the legal system.What is often done in JapandivorceAfterRemarriageAccompanyAdopted childIs.But,adultIt may be legally possible to adopt someone who has reached[*6]Other than that, it doesn't function very well as a system for children.具体的には、自己の孫を養子にすることによりSpecifically, by adopting one's grandchildreninheritance taxTo save moneyTax-saving adopted child[*7]Or so-called to let boys take over the houseSon-in-lawEtc. are being done.Also,TaishoAdopted through newspapers in the timesIntermediaryThere was, but most of the adopted daughtersGeishaThere was also a newspaper company that said it was a shop[11].

Incidentally,Islamic StateThen,キ リ ス ト 教For the same reason asconceptIs not commonチュニジアExcept for, adoption is not permitted.

History of adoption system in Japan

Japanese HistoryIn, the first law on adoption is唐 OfRitsuryoWas established under the influence ofGreat treasure lawIt is said that.However,Chugoku OfSectUnlike society,SurnameIn Japanese society, which was an extension of the system, there were no strict restrictions like in China, and adoption was relatively easy for certain younger people.For this reason,貴族In society, senior officials are excellent grandchildrenGeneral flow・ Adopting an outflow personKageBy utilizing the system to help their career advancement, as a result, more adoptions were made to try to prosper the clan.また、時には遠い親戚や異姓出身者を養子にする者もあったOthers sometimes adopted distant relatives or people from different surnames.[*8]. Also,Heian periodUntil then, "adopted" and "adopted" and "" with a stronger fiction elementnephewThe distinction from "was ambiguous.The element of inheritance of the house becomes stronger, and the separation of adoption and grace is progressing.中 世After that,Northern and Northern DynastiesEven if I entered, the mixture remained[12].

As a typical example of adoption at that timeCustomsTake as an exampleRenshouYear (851 -854 BetweenEmperor BuntokuWas wielding power as his father-in-lawSecond placeRight minister-Ryobo FujiwaraBecause there are no boys inThird placeCouncilMetNagaraThe third son ofMototsuneWas adopted.その結果、基経は養父のAs a result, Mototsune was adopted by his adoptive father.KageBy at the young age of 17BrewerOn the other hand, the parents and siblings who grew up as Nagara's child are older brothers.KunitsuneIs 31 years old, younger brotherKiyotsuneFinally reached the brewery at the age of 32.[*9]..さらに、良房がIn addition, Yoshifusaregent-MinisterWhile Nagara climbed up toGonchu dictumBecause he died in Japan, the disparity in his career was only widening.異姓の養子の例としては、姉婿であるAn example of an adopted child with a different surname is a son-in-law.Fujiwara no YorimichiAfter being adoptedMurakami GenjiLay the foundation for prosperityGenshibo[*10]And so on.

As a result, senior aristocrats are beginning to adopt one after another in order to give their descendants a superior career advancement.極端な例としては、同じく摂関家のAs an extreme example, the same regentFaithful FujiwaraAnd its children and grandchildren.忠実の長男・Faithful eldest sonLoyaltyFaithful to his younger brother, who he loved because he couldn't have a boyYorinagaWas adopted by Tadamichi.その後、忠通に実子が生まれて忠実・頼長と忠通が不仲になると、頼長の息子であるAfter that, when Tadamichi had a real child and faithfulness, Yorinaga and Tadamichi became estranged, he was the son of Yorinaga.Division teacherFaithful adopted the teacher as his own child in order to advance his career quickly.[*11]..As a result, Tadamichi was not only an uncle in the original genealogy, but also a grandfather and an older brother from the perspective of the teacher, which was a very complicated situation.

Kamakura PeriodAfter the second half,FamilyとPropertyAs the unification of the family progresses and primogeniture becomes more common, adoption will be carried out with the highest priority given to the survival of the house.特にIn particularsamuraiThen,The ownerIt has become common practice to adopt children when there are no boys or when they are young, in order to avoid confiscation of their territory because they cannot do their loyalty to their lord.

It is often the case that an adopted younger brother is adopted, or an adopted father's real son (adopted brother-in-law) is adopted by the adopted child.これらはいずれもAll of theseAdopted childThat is.後者の順養子の場合、1代限りであれば間に入った養子は中継ぎ的立場になるが、代々順養子を重ねてIn the latter case, if only one generation is adopted, the adopted child will be in a middle position, but the adopted children will be adopted from generation to generation.RyokanThere is also an example that looks like[*12]..また、娘に夫を迎えて養子とするIn addition, we will adopt a husband as a daughter.Son-in-law,Daming Change of attendanceIn such a case, notify in advance in case of emergencyTemporary adoption[*13], Issued when a daimyo / vassal suddenly becomes critically illLate adopted childAnd so on.In addition, if you want to take in a daimyo of another family as a relative but there is no suitable person for your real daughter, you can formally adopt the daughter of a clan or a senior vassal and then adopt him (adopted daughter). There was also an example of an adopted son in the form of welcoming her husband).

Edo ShogunateInitially set various adoption regulations,Keian's strangeIn the wake of this, the ban on late-stage adoption was relaxed,Kyoho18 years(1738 ) Is a relative of the head or wifeRonin-陪 虪But adoption was possible.養子の規制は時代が下るにつれて緩くなり、江戸時代後期にはAdoption regulations became looser as the times went down, and in the late Edo periodbusinessmanSuch asWealthy manThe second son and belowDowryholdingsamuraiGo to adoption and samuraiidentityTo getDowry adoptionBecame popularMasterMade it easier to get[*14]..一方、商人・Meanwhile, the merchant農民Such asCommon peopleAdoption betweenTestimonyIt was relatively easy to adopt and divorce just by exchanging information, and adoption was often done with an emphasis on "family management" rather than "survival of the family name".[*15]..また、享保の制度変更によって女性の名義ではAlso, due to the change in the Kyoho system, in the name of a womanRented houseBecause it is no longer possible to rent a house, when a female-only household rents a house, a convenient adoption is done to borrow the name of a man.[13].

MeijiAfter the era, "HomeAt the center of social orderFamily systemAs a result of being spread to all levels, adoption is often done from the perspective of maintaining the family system.それが大きく変わるのはIt ’s a big changeAfter World War II OfThe Constitution of JapanWith enactmentCivil lawIt was after the revision.

Adoption under the old Japanese Civil Code

Old Japanese Civil CodeIn this, adoption is to enter the adoptive parent's house and acquire the status of the adoptive parent's legitimate child.Adoption is a type of legal family.

  • Those who are adopted are those who should be adoptedHonorOr not being an elder,Heir apparentIt is necessary not to be a slack person.
  • spouseSome people can only be adopted in collaboration with their spouse.
  • Since an adopted child acquires the status of an adopted parent's legitimate child from the day of adoption, if the adopted parent has a child born before the adoption, the adopted child is legally treated as a younger child than these children even if they are older. Will be adopted.
  • The adopted child enters the adoptive parent's house but is not obliged to live with the adoptive parent.
  • Adopted children have the right and obligation to support each other with their adoptive parents and their direct descendants.
  • The adopted child has a kinship with the adopted kin, but does not lose the kinship with the real kin.
  • Adopted children lose their family status in their parents' homes and lose their custody of their parents and are subject to the custody of their adoptive parents.
  • An adopted child and his or her direct descendants or their spouse and their adopted parents or their direct descendants cannot marry even after the kinship has disappeared due to the divorce.

Legal theory of adoption system

Adoption structure

The legal structure for establishing adoption isContract typeとDefinitive typeThe legislative example is divided into.

Contract type (ordinary adoption)

Contract typeIs for adoptive parents and adoptive childrenAgreementIt is a form that establishes adoption byスイス,オーストリアIt is adopted in such as.Also,Germany,FranceBut before, the contract type was adopted.in Japan,Civil Code Article 792から817 articleThe ordinary adopted children specified in the above fall under this category.

Even if an adoption is established by a contract, it is not possible to effectively conclude an adoption contract by yourself if the person to be adopted is a child, so in such a caseLegal representativeEtc. will accept the adoption on their behalf.In Japan, if the adopted child is under the age of 15, the legal representative will consent to the adoption on behalf of the adopted child (adopted child).

In addition, from the perspective of protecting adoptive children, the involvement of public institutions may be required even when adopting the contract type.In Japan, when adopting a minor, except when adopting a direct descendant of the self or spouse.Family courtYou need permission fromGuardianIf you adopt a guardian, you will also need permission from the family court.

When an adopted child is married (married), the name of the actual parent is written in the name column of the parent in the marriage registration, and the adopted parent is supposed to write in the other columns.[14].

Definitive type (special adoption)

Definitive typeIs a form of adoption by the declaration of a public institution, and in many cases, the court decides to adopt the child based on the application of the adoptive parent.Anglo-American lawIt is adopted in countries based on the above, and now in Germany and France.in Japan,Article 817-2 of the Civil Codeから817-11This applies to the special adoptions specified by.日本では、養子が15歳未満(15歳未満から事実上養育していたと認められた場合は17歳以下まで可能)までの場合にIn Japan, if the adopted child is under XNUMX years old (from under XNUMX years old to XNUMX years old or younger if it is recognized that the child was actually raised)Special adoptionIs permitted, otherwise it will be adopted normally.In principle, single adoption is possible only when the spouse's stepchild is specially adopted.In the case of a single marriage, the relationship with the father is terminated in the family register, and the adopted father and mother are treated as the "eldest son" and "eldest daughter".In addition, half-siblings are treated as real brothers and sisters.

Relatives after adoption

Adopted parents and adopted children, adopted children by adoptionAdoptive familyA legal kinship will arise between them.また、養親とAlso with adoptive parentsThe original family of the adopted childThere is no statutory kinship between them, and there is a statutory kinship between the adopted child and the adoptive parent and their kin.For example, an adopted child born before adoption and a child born after adoption (grandchildren of the adopted parent) who are not in a relative relationship with the adopted parent have a blood relationship.Even if they are real siblings, their positions will be different.

Relatives between real parents and children after adoption

Legislative examples also differ as to whether or not the kinship between an adopted child and his or her real parent will end when adoption is established.When adopting a system that terminates relatives, if one of the adopted child and the real parent dies, the other will not have the inheritance right except in the case of a will.However, even if the kinship endsClose marriageOften measures are taken to avoid.

Adoption of each country

France

FranceThe number of mediations for children requiring protection is about 5500 per year, and the number of adopted children is the second highest after the United States (the total number of adoptions is more than 80,000 in Japan, which is the second highest after the United States.[15]), Of which the proportion of intercountry adoption is high at two-thirds[16].

Regarding intercountry adoption, it is a common rule for intercountry adoption.The Hague ConventionIt is operated in compliance with the rules of[16].

The domestic adoption support system is also substantial, for example.Midwifery facilityUsingAnonymousIt has been pointed out that one of the reasons why there are many adoptions in France is the system that allows you to choose an adoption without creating a legal parent-child relationship.[16]..この制度を使えば無料で出産することができ、要保護児童のうち88%がこれに該当するというWith this system, you can give birth for free, and XNUMX% of children in need of protection fall under this category.[16].

For more details(French version)See.

スイス

スイスThe number of foster children is said to be about 1, but this is2002 OfCensusThe Swiss government does not know how many foster children there are in Switzerland since then.The foster parent system in Switzerland varies from region to region.さらに、里親仲介団体の質を保証する民間団体はあるが、行政では里親仲介団体を監督する制度がないところも多く、里親仲介団体の設立に認可を必要としているのは2014年時点で5州に過ぎないIn addition, although there are private organizations that guarantee the quality of foster parent brokerage organizations, many governments do not have a system to supervise foster parent brokerage organizations, and as of XNUMX, five states require approval to establish foster parent brokerage organizations. Is nothing more than[17].

For more details(German version)See.

ベルギー

1950 eraから1980 eraOverベルギーSo, tens of thousands of young women who had unplanned pregnanciesCatholic churchAnd gave birth to an adopted child who was not aware of the parties concerned.(I.e.There was a time when it was done by, and there are voices calling for the elucidation of the parent-child relationship, saying that "the church robbed the child".[18]..Municipalities in northern Belgium are investigating this scandal.

For more information(French version)

Germany

(German version)See. (Currently, it is not written in Japanese, but it is written in the German version, so please read it there for the time being, or have it translated automatically by yourself).

The United Kingdom

There are some subdivided articles about adoption in the UKen: Category: Adoption in the United KingdomSee (English category).

The United States of America

The United States of AmericaIt is said that more than 12 adoptions are established annually.[19]..その中心的な担い手となるのは、民間団体とPrivate organizations are the main playersFoster parent system(Foster Care) A public institution that mediates for children underneath, and these two types account for about two-thirds of the total number of adoptions.[20]..養子縁組に関する認知度も9割近くととても高く、アメリカ人の約3人に1人が養子縁組を考えたことがあるとアンケート調査に回答しているAwareness of adoption is also very high at nearly XNUMX%, and about one in three Americans responded to a questionnaire survey that they had considered adoption.[21]..Against the background of such high social interest, the government is providing support for adoptive parents.

For private organizationsSubsidyAlthough the cost of mediation varies widely depending on the organization that uses it, there is almost no mediation fee when adopting through the mediation of a public institution.[22]..This is because adoption is positioned as part of the national child welfare policy.

Besides, the adopted childChild supportThere is a mechanism to subsidize in the form of tax deduction, and in 2012, a maximum of 12650 per householdDollar OfDeductionIs possible[23]..アメリカではIn the United States1990 eraToneglect(Abandoned childcare)Child abuseAgainst the background of becoming more seriousClintonUnder the administration, the "Adoption and Safe Family Law" was enacted, and national efforts were made to increase adoption.[24].Foster parent systemIncreased cases of adoption from foster care to shift the traditional policy of prioritizing the return of children underneath to their parentsStateThe main efforts are to pay incentives to[24].

Australia

(English edition)(Currently, it is not written in Japanese, but it is written in the English version, so please read it there for the time being).  

South Korea

South KoreaThen,ConfucianismDue to the influence of cultureBlood relationshipBecause domestic adoption did not progress due to respect for, and because unmarried mothers are not accepted by society[*16]Difficulty raising children,Fatherless familyThere was a background such as the lack of support measures for.

Korean WarAfter the end,1954 The overseas adoption of war orphans begins in Japan.Private institutions that mediate have appeared one after another.1961 The Orphan Care Special Law was enacted.It is the legal basis for overseas adoption of war orphans and mixed-race children. From the 1970s to the 1990s, overseas adoption expanded.The number of unmarried mothers has increased rapidly due to the progress of industrialization and urbanization.未婚の母から生まれ子供たちは、海外養子縁組に出された子供たちの大部分にあたるChildren born to unmarried mothers are the majority of children adopted abroad[25].

But,United NationsConvention on the Rights of the ChildRatified to1990 Since then, family care has begun to be more important than accommodation in facilities, and adoption has become more important.Foster parent systemIt has come to be recognized that it plays an important role as a measure for children requiring protection.As a result, measures were launched one after another to prioritize domestic adoption with the goal of zero overseas adoption.要保護児童を家庭で育てる政策として、斡旋にかかる手数料の支払いや、子供が13歳になるまでのAs a policy to raise children in need of protection at home, payment of commissions for mediation and until the child turns XNUMX years oldChild supportThere is also support for psychotherapy as well as assistance for[26]. Also,2008 In JapanSpecial adoptionA new adoption system, similar to the system, was put into effect.

Adoption under the current Japanese Civil Code

In this section, the Civil Code only describes the number of articles.

Ordinary adoption and special adoption

Ordinary adoption
Adoption remains a relationship with the real parent in the family register and becomes a double parent-child relationship (792 article - 817 article).Generally speaking, it is an adopted child, and in the family register, the relationship with the adopted parent is described as "adopted child".
Special adoption
Adoption cuts off the relationship with the real parent in the family register and treats it the same as the real child (817-2 - 817-11).貧困や捨て子など、実親による養育が困難・期待できないなど子の利益とならない場合に、養親が実の親として養子を養育するAdoptive parents raise their adopted children as real parents when it is difficult or unpredictable for them to raise them due to poverty or abandoned children.[*17]As a system for1987 A system newly established in (62).For this reason, in the family register, the relationship with the adoptive parent is described in the same way as the actual child such as "eldest son", making it difficult to understand that the child is adopted.In addition, if the remarriage partner of the divorced adoptive parent is a real parent, only a part of the relationship with the real parent will be restored.A single adoption can only be adopted when the spouse's child under the age of 6 is treated as a "real child".In that case, in the family register, the relationship with the father is terminated, and the child is treated as the "eldest son" and "eldest daughter" of the adoptive father and the mother.
However,817-2It is stated that the enrollment is based on the decision of the trial by, and by going back to the family register, it is possible to know who the parents were, and consideration is given to the prevention of adoption and consanguineous marriage.
From April 2020, 4, the new Civil Code, which has been partially revised, will come into effect, and in order to promote the use of the special adoption system, the procedure for raising the upper limit of the age limit and establishing the relationship will be divided into two stages, with adoptive parents. Amendments have been made to reduce the burden on those who become.

Adoption method

Adoption isFormal actTherefore, it is necessary to use a certain method.

  • In the case of ordinary adoption, based on the agreement of the partiesFamily register lawNotification is required according to the provisions of799 article,739 articleMutatis mutandis).養子は15歳以上であれば実父母の意思と関係なく縁組が可能であるが、15歳未満の者を養子とする縁組の場合はAdopted children can be adopted regardless of their parents' intentions if they are XNUMX years of age or older, but in the case of adoptions of persons under XNUMX years of age.Legal representativeAdoption can be accepted by proxy (substitution,797 articleItem 1).However, the legal representative must also obtain the consent of the adoptive parent if there is another person who is the custody of the adopted child (797 articleThe first part of item 2).Also, if there is a parent of an adopted child whose custody has been suspended, the consent is required (797 articleThe second part of the second argument.This provision was added with the establishment of a system for suspension of custody by Law No. 2 of June 23, 6).
  • Special adoptionIn the case of,Family court OfRefereeMust depend on (817-2).In addition, since the relationship with the parents is lost, the consent of the parents is required in principle.However, the consent of the parents is not required when the parents cannot express their intentions due to illness, or when the interests of the child are significantly impaired due to abuse or abandonment of childcare.817-6).

Requirements for adoption

Ordinary adoption
As a general rule, you can freely adopt at the will of the parties.しかし、養子がBut the adopted childMinorIf, the adopted child is self orspouse OfDirect lineal descendantsUnless (such as your grandchildren or spouse's stepchildren), you need permission from the family court (798 article).If you have a spouse's stepchildren at the time of marriage, you will not be legally your own child unless you adopt them (they will be treated as an affinity).
To become an adoptive parent, you only need to be an adult (792 article), It may be unmarried.However, if the adoptive parent has a spouse, the adopted child with a minor must be adopted with the spouse, and the adopted child with an adult may be adopted with the consent of the spouse. is necessary(795 article-796 article).
In order for a guardian to adopt a guardian, he must obtain permission from the family court (794 article).
To be adopted, you must not be an adopted parent's ancestor or elder (793 article).つまり、弟や妹、年少のいとこ(従弟妹)など同世代でも年少者であれば養子とすることができるIn other words, younger brothers, younger sisters, younger cousins ​​(cousin sisters), and other younger people of the same generation can be adopted.[*18]..In addition, the relationship with the actual master after adoption continues.
Before the revision in 1987 (Showa 62), there was no special adoption, only ordinary adoption.
Special adoption
There are special circumstances, such as extremely difficult or inappropriate custody by parents, which must be especially necessary for the child (817-7).
To be adopted, both husband and wife must be adopted (if one of the couple is 25 or older, the other may be 25 or older) with a spouse over 20 (817-3,817-4).This is because it is a system for raising adopted children in a sufficient environment instead of their parents.
In order to be adopted, it is necessary to be under 6 years old (0 to 5 years old) in principle when filing an adoption appeal with the family court.However, if you are already under custody by your adoptive couple before the age of 5, you may be under the age of 8 when making the claim (817-5).This is because the adoptive parent is scheduled to be raised as a real parent, so it is necessary for the child to be unconscious.If you are 8 years of age or older, you cannot request a special adoption from the family court. From the revision in 1987 (Showa 62), it was possible to convert from ordinary adoption to special adoption before the revision, but in principle, it is not possible to convert from ordinary adoption now.If the divorced adoptive father's marriage partner is the real mother and the adoptive mother's remarriage partner is the real father, only a part of the real parent relationship will be restored.
According to the revised Civil Code (enacted on June 2020, 4, Law No. 1 of the first year of Reiwa), which came into effect on April 2019, 6, the age of children under 7 years old (exception is under 34 years old). The limit was raised to the age of 6 (Article 8-15, Paragraph 817, First Section, Paragraph 5 of the New Civil Code).Exceptionally, even up to 1 years old is subject to age restrictions. This was the first review since the system was introduced in 2.In addition, the new law amendment allowed the withdrawal of parental consent before the decision of the referee, but it can no longer be withdrawn after two weeks.In addition, the adoptive couple had filed a petition with the family court until then, but in addition to their parents, the director of the child guidance center can also file a petition.Furthermore, by incorporating a two-step procedure that can be carried out simultaneously, it is also aimed to prevent the procedure from being prolonged (related to Articles 17 and 1988-2 of the New Domestic Affairs Case Procedure Law).Even after the revision, 164 months or more of trial child support will be required.
For children between the ages of 15 and 17, (1) with their consent, (2) being raised by a person who will be adopted from under 15 years old, (3) up to 15 years old due to unavoidable circumstances. Special adoption is permitted if the condition that the petition could not be filed is met.Those who have reached the age of 18 at the time of the decision of the marriage referee cannot adopt a special adoption under the revised Civil Code, so ordinary adoption is an option (Article 817-5, Paragraph 1 of the New Civil Code).It is also said that those under the age of 15 must fully consider their intentions.

Adoptive status

Adopted by adoptionLegitimate childGet a barrel status.

Effectiveness of adoption

Mr. after adoption

Adopted by the adoptive parentMrTo call (810 article). However,婚姻For those who have changed their name by, the period of effect (reinstatement due to divorce from the establishment of marriage (767 articleUp to 1).The exception is the marriage name (paragraph 2 of the same article)), which refers to the person specified at the time of marriage (provided in the same article).In addition, if the adopted child is married and is the first person in the family register, the spouse will also give the name of the adoptive parent at the same time.逆に、筆頭者でない場合(結婚する際に氏を改めた者)はOn the contrary, if you are not the first person (the person who changed his name when he got married)Husband and wifeFrom the principle of, it is not possible to give the name of an adoptive parent even if they are adopted.養子に子がいる場合、養子の子の氏は養子(親)が縁組する前の氏のままで、養親(義祖父母)の氏に改める場合はIf the adopted child has a child, the name of the adopted child remains the same as the name before the adoption (parent) was adopted, and if the child is changed to the adopted parent (grandparents)NaturalizationYou need to submit a notification.

Relatives after adoption

Adopted parents and adopted children, adopted children by adoptionAdoptive familyLegal kinship arises between727 article).Therefore, under the Civil Code, persons within the sixth degree of kinship (within the fifth degree of adoption) fall under the category of relatives.また、養親とAlso with adoptive parentsThe original family of the adopted childThere is no statutory kinship between them, and there is a statutory kinship between the adopted child and the adoptive parent and their kin.If the adoptive parent dies, it is up to the individual to continue or terminate the kinship with the adoptive parent's relatives.

Relatives between real parents and children after adoption

In Japan, in the case of ordinary adoption, the kinship between the actual parent and child does not end, whereas in the case of special adoption, the kinship ends.

Custody

If the adopted child is a minor, he / she will be subject to the custody of the adoptive parent (Article 818 paragraph 2).Therefore, due to adoption with a minor, the parental authority will change from a real parent to an adoptive parent.Even if the adoptive parent dies while the adopted child is a minor, or if the adoptive parent cannot exercise custody due to the loss or suspension of custody of the adoptive parent, the custody of the actual parent will not be restored unless the adoptive parent is separated.If the adoptive parent is the spouse of the adoptive parent, the parent and the adoptive parent have joint custody.

Elimination of adoption

Elimination of adoption includes cases of invalidation / cancellation where there is a defect in adoption, as well as divorce to eliminate effective adoption in the future.The invalidation of the adoption naturally has no effect on the adoption from the beginning, but the cancellation and separation of the adoption has the effect that the adopted adoption once effectively cancels the adoption by manifestation of the parties' intentions.

Invalidation / cancellation of adoption

  • AdoptionInvalidReason (802 article)
    • When there is no intention to adopt between the parties due to mistakes, etc.
    • When the parties do not report the adoption
  • Reasons for cancellation of adoption
    • If the adoptive parent is a minor (804 article)
      The adoptive parent or legal representative of the adoptive parent requests the family court to cancel the adoption.Cancellations cannot be requested if the adoptive parent confirms it or if six months have passed since the adulthood.
    • If the adopted child is an ancestor or an elder (805 article)[*18]
      The party or relative requests the family court to cancel the adoption.
    • When a guardian adopts a guardian without the permission of the family court (806 article)
      An adopted child or a relative of the adopted child requests the family court to cancel the adoption.No request for cancellation can be made if the adopted child confirms or six months have passed after the calculation of management by the adoptive guardian.
    • When adopted without the consent of the spouse (806-2(Item 1)
      A spouse who does not agree requests the family court to cancel the adoption.If a spouse who does not consent confirms the adoption and six months have passed since he / she learned of the adoption, he / she cannot request cancellation.
    • In case of adoption without the consent of the custody holder (806-3(Item 1)
      A custody holder who does not agree requests the family court to cancel the adoption.No request for cancellation can be made if the custody holder who does not consent confirms the adoption, or if the adopted child confirms it after the age of 15 or six months have passed.
    • When the spouse / custody holder is given consent by fraud or duress (Article 806-2, Paragraph 2, Article 806-3, Paragraph 2)
      The consenting spouse requests the family court to cancel the adoption.If a spouse who does not consent confirms the adoption and six months have passed since he discovered the fraud or escaped compulsion, he cannot request cancellation.
    • When a minor is adopted without the permission of the family court (Civil Code Article 807)
      An adopted child, an actual relative of the adopted child, or a person who has consented to the adoption on behalf of the adopted child requests the family court to cancel the adoption.You cannot request cancellation if your adopted child confirms it or if six months have passed since you became an adult.

Divorce

  • 普通養子縁組の場合は、原則として自由に離縁ができ、養親と養子の合意と離縁の届出が必要である(811 article - 813 article).Divorce by trial is also permitted (814 article).
  • Those who have returned to their pre-adoption position after seven years from the date of adoption must be within three months of the date of adoption.Family register lawBy notifying according to the provisions of, it is possible to name the person who was named at the time of divorce (816 article).
  • Special adoptionIn the case of, the adoption was made for the benefit of the child, so the consultation cannot be separated.Exceptionally, if there is abuse by the adoptive parent, malicious abandonment or other reasons that significantly impair the interests of the adopted child, and the parents can provide considerable custody, there is a request from the adopted child, the parents, or the prosecutor, and the family A family court referee is allowed to divorce only if the court finds it particularly necessary to divorce for the benefit of the adopted child (817-10).

More

  • in JapanSame-sex marriage,PolygamyIs not legally permitted, soAdoption system (ordinary adoption)There is an example of substituting with.
  • SurrogacyThe child born in Japan is not envisioned by the Civil Code, and the mother on the family register is the woman who delivered.for that reason,Special adoptionThere is an example of having a parent-child relationship under the Civil Code with a real mother on the blood relationship (gene).
  • In modern times, even if you want to adopt a child when you get married in an old house, even if the other party is a second son or a third son or less, in many cases you will not get consent, so it is selective.Family name by coupleThere is an opinion that wants to introduce the system[By whom?].
  • The Ministry of Health, Labor and Welfare has set numerical targets such as suspension of admission to facilities before school and a foster parent placement rate of 2016% or more within 7 years in the "New Social Care Vision" that embodies the revised Child Welfare Act of 75. The period of stay is within one year, and functional conversion is also required.[27]However, according to a survey conducted by the Nippon Foundation, about 70% of children in adopted families are positive when "I agree" and "I agree" are added to the question "Are you satisfied with yourself?" It became clear that we are sending various answers[28].

the term

Adopted child
Adopting a child without divorcing.This applies when the adopted child gets married and adopts with the spouse's parents, when the adopted parent divorces and becomes the adopted child of the adopted mother's second husband.Even if there is a problem during adoption, he may be adopted.

A program dealing with Japanese adoption

  • NHK BS1Special "Canon ~ Family Search ~", broadcast on April 2021, 4 from 3:14 to 20:15. (A girl and her father / mother who became a family through special adoption. A documentary program that records how a child is in his third year of high school, and the time to take an examination is approaching, and he passes by, collides with, and makes up with his father.)

footnote

[How to use footnotes]

注 釈

  1. ^ The notation "adoption" is rarely seen today, although there are examples in the dictionary.[Source required]
  2. ^ However, the first meaning of "adoptive parents" means "people who are actually protected and nurtured regardless of legal grounds."Parents raising""Adoptive parent/Foster parents/Parents who do not do"(Yanai Oya)" means "adoptive parent", which means "adoptive parent" explained in this section, is the second meaning.
  3. ^ Those who are actually protected and nurtured regardless of legal grounds,Nanny"Adopted child" means "children raised as"Adopted child/Adopted child(Do not do it) ". ─ Source: Kotobank.Raising as your own child by receiving from another person, and that child is "Received child"(Get)", a broken expression, "Ikko/Get itAlso called. ─ Source: Kotobank.
  4. ^ There is no word in Japanese for "adopted man" such as "adopted woman" for "adopted woman".Since the Japanese word "adopted" does not have the concept of gender, it is not possible to judge gender by this word alone.In addition, it should be notedChineseBut the same is true, "adopted woman" is "adopted daughter", but "adopted woman" and "adopted child" are synonymous with "adopted child" in Japanese, and there is no concept of gender.
  5. ^ However, before modern times, there was a difference in social status.
  6. ^ However, it is unusual in comparative law.
  7. ^ However, the tax law has been amended to limit the number of adopted children eligible for deduction.
  8. ^ In China, at least in terms of tatemae, it is strongly warned that adoption of other surnames is contrary, and even in Japan.Myobo familyA collection of theories, "Honorary abstract』(Volume 36, Volume XNUMX), the legal interpretation is contrary to the fact that it is not possible to adopt a different surname.
  9. ^ By the way, Mototsune reached the Sangi before the age of 30.
  10. ^ Emperor MurakamiKing Ding of Zhou, the grandson of.
  11. ^ By the way, in the order at that time, Yorinaga (second rank) <faithful (first rank) <tadamichi (first rank).
  12. ^ Fukuchiyama clanKuchiki family,Mimasaka Katsuyama DomainMiura family,Edo PeriodLateTakatsukasa Matsudaira family,Takamatsu Matsudaira familyAnd so on.
  13. ^ Similarly, if the vassal is in a critical position,Adopted childWas obliged to report to the master.Eiichi ShibusawaWas collected by the BakushinAkitake ShimizuWhen accompanied by a foreigner, the real childStill young eldest daughterOnly my cousin and brother-in-law (wife's younger brother)Heikuro OdakaTheAdopted childI have to.
  14. ^ For example,Katsu KaishuGrandfatherLordStatus,Ryoma SakamotoGreat-grandfatherSquireIt is by these means that I got the status of.
  15. ^ Even nowSumo roomThen,masterIs influentialSekitoriThere are many cases in which a daughter is married to a son-in-law and is the successor to the room.
  16. ^ When the Civil Code was enacted in 1960Illegitimate childThe system was abolished.
  17. ^ So-called "adopted child from the top of the straw"
  18. ^ a b For older people, there is no provision for age difference in the text, so if the adoptive parent is born at least one day earlier, adoption will be established.

Source

  1. ^ "Adoption". Shogakukan"DigitalDaijisen],Sanseido"Daijirin』3rd edition. Koto bank. NovemberBrowse.
  2. ^ "Adoption". Shogakukan "Progressive English-Japanese dictionary』4rd edition.Kotobank. NovemberBrowse.
  3. ^ "Adaptation". "Digital Daijisen".Kotobank. NovemberBrowse.
  4. ^ a b c "Adoptive parent". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. NovemberBrowse.
  5. ^ "Adopted child". "Digital Daijisen", "Daijirin" 3rd edition, "Britannica International Encyclopedia "Sub-item dictionary", "Encyclopedia"Mypedia],平凡 社"World Encyclopedia2nd edition, Shogakukan "Complete Encyclopedia of Japan: Nipponica ”.Kotobank. NovemberBrowse.
  6. ^ "adopted daughter". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. NovemberBrowse.
  7. ^ "Adoptive parents and children". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. NovemberBrowse.
  8. ^ "Real parent and child". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. NovemberBrowse.
  9. ^ "Adopted". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. NovemberBrowse.
  10. ^ "Adopter". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. NovemberBrowse.
  11. ^ "In the Shadow of Destiny" by Tenmin Matsuzaki (Isobe Koyodo, 1917)
  12. ^ Hideki Takahashi "Adopted Child in Heian Aristocracy" "Medieval Japanese House and Relatives" (Yoshikawa Kobunkan, 1995) ISBN-4 642-02751-3 P138-146 ・ 188-189
  13. ^ Takashi Tsukada "Modern History of the People of Osaka" Chikuma Shobo <Chikuma Shinsho> 2017 ISBN 9784480071118 pp. 66-68.
  14. ^ Marriage registration entry example
  15. ^ Adult adoptions: Keeping Japan's family firms aliveBBC, 19 September 2012.
  16. ^ a b c d Ed.
  17. ^ “Swiss foster care is slow to improve”. Swiss Broadcasting Corporation(July 2014, 9). http://www.swissinfo.ch/jpn/%E3%82%B9%E3%82%A4%E3%82%B9%E3%81%AE%E9%87%8C%E8%A6%AA%E5%88%B6%E5%BA%A6-%E6%94%B9%E5%96%84%E3%81%AE%E6%AD%A9%E3%81%BF%E3%81%AF%E9%81%85%E3%81%84/40795872 NovemberBrowse. 
  18. ^ Belgian adoption scandal, mother and child seeking truthAFP BB news February 2015, 02.
  19. ^ US Department of Health and Human Services, How many children were adopted in 2007 and 2008?
  20. ^ Statistics Brain, Adoption Statistics Retrieved February 2013, 9
  21. ^ Dave Thomas Foundation, National Foster Care Adoption Attitude Survey
  22. ^ Statistics Brain, Adoption Statistics. Retrieved September 2013, 9.
  23. ^ IRS, Adoption Benefits FAQsRetrieved May 2013, 9.
  24. ^ a b Adoption Choice: I think it's best to explore adoption in parallel with foster parentsAsahi Shimbun GLOBE, viewed September 2013, 9.
  25. ^ Hong Shengshu "Image of overseas adoption in Korean society: A sketch of overseas adoption that has made a U-turn"National Museum of Ethnology Survey Report," Volume 6, National Museum of Ethnology, March 2007, 3, pp. 30-65, two:10.15021/00001422, NOT 120001730584 ISSN = 1340-6787.
  26. ^ Adoption Choice: How Strong Willing the Country Is to Find a New FamilyAsahi Shimbun GLOBE, viewed September 2013, 9.
  27. ^ Ministry of Health, Labor and Welfare New Social Nurturing Vision August 2017, 8
  28. ^ "70% of children are "satisfied with themselves"”. The Nippon Foundation (December 2016, 12). NovemberBrowse.

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