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🙋 | Opening accommodation-type support for pregnant women suffering from poverty and domestic violence Okinawa Children's Future Net is crowdfunding


Photo Yuko Yamauchi, CEO of "Okinawa Children's Future Network" (fourth from the left) and facility staff, who started the accommodation-type whereabouts business for pregnant women = 4th, Prefectural Office Press Club

Opened accommodation-type support for pregnant women suffering from poverty and domestic violence Okinawa Children's Future Net is crowdfunding

 
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If there are circumstances that prevent you from being raised, you will be shown options such as special adoption and foster parenting.
 

Okinawa Children's Future Network (Representative Director Yuko Yamauchi), a general incorporated association that supports young pregnant women under the age of 20, is pregnant ... → Continue reading

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Foster parents

Foster parents(Satoya Foster-care) IsChild Welfare ActA person who raises a child without having normal custody based on the above.The name of "foster parent" will be changed in the future in the "New Social Education Vision" of the Ministry of Health, Labor and Welfare.[1].

As a popular usage, there is no ownerPetFor the purpose of environmental protection森林Who buysPlush DollThose who purchase such goods may also be called "foster parents."(See each individual page for details)

Japanese foster parent system

As of 2016, those who raise children without normal custody are "private foster parents" who raise children with the consent of individuals.Child Welfare ActStipulated inFoster parent systemUnder these, there are "nursing foster parents" and "specialized foster parents" who raise children entrusted by local governments.Foster parents must be certified as foster parents after undergoing training stipulated by the Child Welfare Act and then being deliberated by the Foster Parent Certification Subcommittee of the Child Welfare Council.If you would like to leave your child to a foster parent, contact the child guidance center in your place of residence.In Tokyo, in order to make the foster family more familiar and to be remembered by many people, we solicited a nickname in 18 and called "Hot Family".[2]Alternatively, the nickname "nursing family" is also used.

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.[3]..This amendment to the Child Welfare Act clarifies that if it is difficult for parents to raise children, they will promote a permanent solution by special adoption (permanency guarantee) and foster parents, which is unanimously held in the Diet. Has been passed[4].OrphanageOn the side, I feel that the significance of the existence of orphanages has been denied.[5]In some cases, it opposes the setting of high target values.On the other hand, there are also orphanage directors who are working to promote the foster parent system to promote home-based care.[6]..The university / vocational school enrollment rate for children entering orphanages is about 11%, while the university enrollment rate for foster parents is about 20% every year, which is about 10% higher.[7]There is a possibility that foster parents are getting more appropriate support for going on to higher education.
Foster parents and adoptions have progressed from parents' intentions such as "I can't pick it up now, but I want you to keep it at the facility so that you can go to see me anytime." "I can't raise it myself, but I don't want to let it go." May not be [8]..However, the foster parent systemSpecial adoptionUnlike foster parents, foster parents aim to provide temporary support and do not build new family register relationships between foster parents and their children.Foster parent supporters describe the “mother supporters” and their systems, which temporarily take care of children with their mothers. [9].
HyogoAkashi CityThen, as a 100% foster parent project, the city worked on foster parent development and increased the number of foster parents 2 times in two years.[10].

February 2021 The "National Family Care Promotion Network" proposes to the Ministry of Health, Labor and Welfare to outsource to a private institution, fearing that the child guidance center will play a role in supporting foster parents but will not proceed due to their busy schedule. Has expressed[11].

Types of public foster parents

[12] There are four types of foster parents in the foster parent system: foster parents, specialized foster parents, foster parents on the premise of adoption, and relative foster parents. There is.

Types of foster parents
Foster parentsA foster parent who raises a child who is expected to be taken by a real parent until he / she can return to his / her home or until he / she is 18 years old.

 (Short-term foster parents have been classified as "nursing foster parents" since 21)

Professional foster parentsThose who have foster parenting experience or experience in the field of child welfare for a certain period of time can be registered after completing specialized training.Child abuseChildren who have been adversely affected by such things asIntellectual disabilityChildren withdelinquencyYou can take care of children who have a tendency.
In principle, foster care by specialized foster parents is limited to two years, but can be renewed as needed.
Foster parents on the premise of adoptionI would like to register for the purpose of adopting a foster child in the future.
Relatives foster parentsThis is a system when a child within the third degree of kinship cannot be raised due to death or missing of the parents (including cases where the child cannot be raised due to hospitalization due to illness or mental illness).[13]).In this case, foster parent allowance will be paid to relatives who are not obliged to support such as uncle and aunt.
In such a caseChild-rearing allowanceHowever, if the person raising the child is an elderly person such as a child's grandparents and is receiving an old-age pension, etc., there is a problem that the child-rearing allowance cannot be received.A family foster parent system was created to solve this problem (Child-rearing allowance #Problem of combined payment with pension).

Before the revision of the Child Welfare Act in 2005, in addition to theseCompulsory educationAfter graduation, accept children who have nowhere to go and provide vocational guidanceProtection trustee(職親There was a system called (Tomo), but it was abolished.

Weekend foster parents / seasonal foster parents

This system is independently adopted by orphanages, and those who take care of children in orphanages only on weekends, summer, and the year-end and New Year holidays are called "weekend foster parents" and "seasonal foster parents."Weekend foster parents are foster parents who welcome their children on weekends, and seasonal foster parents during summer and winter vacations.The purpose is to give children living in the facility a homely atmosphere.The names vary from region to region, and some regions call them friend homes and volunteer foster parents.

Foster parent training

The Child Welfare Act requires foster parents to receive training as a requirement for certification.For those who wish to become foster parents,PrefecturesAlternatively, it is necessary to receive foster parent training conducted by a social welfare corporation or other person entrusted by the prefecture.It takes about one week to visit or practice at orphanages and infant care centers.

Foster parent training that must be taken before foster parent registration is certified includes basic training (lectures and practical training), and then proceeds to pre-certification training (lectures and practical training).Foster parents apply for foster parent certification to the child guidance center in parallel with pre-certification training, and receive home visits and surveys from the child guidance center.If all of them are recognized, the certificate of completion will be given.After the completion is certified, it will be deliberated by the Foster Parent Certification Subcommittee of the Child Welfare Council based on the survey results, and if certified, it will be notified as a foster parent.After that, you apply for foster parent registration and are officially registered in the foster parent list.

In addition, even after foster parent registration, the registration must be renewed by receiving renewal training every five years.

The specific content of the training is

(1) For those who wish to be foster parents ・ Period 1 day + practical training XNUMX day

  1. Foster parent care theory about the basics of the foster parent system I (60 minutes)
  2. Understanding of children in need of protection (ex children living under social care) Principle of care (60 minutes)
  3. About child-rearing support other than foster parents (ex local child-rearing support)Child welfareTheory (60 minutes)
  4. Experiences of senior foster parents / group discussions (ex motives for foster parents' wishes, things that foster parents can find) Foster parent care exercises (120 minutes)
  5. Practical training (mainly for tours of child welfare facilities) Nursing training (XNUMX day)

(2) Pre-certification training ・ Period 2 days + practical training 2 days

  1. Basics of foster parent system II (Minimum standards for foster parent care)
  2. Basics of foster parent care (matching, exchange, consignment, flow until cancellation, various procedures, etc.)
  3. 90-120 minutes with ① and ② as foster parent care theory
  4. About the child's mind (child development and consignment)Developmental psychology(60 minutes),
  5. Children's body (infant health checkup, vaccination, dentistry, nutrition) Children保健-Medical science(60 minutes)

In the renewal training, the social situation andlawTo understand the child welfare system theory and child behaviorDevelopmental psychologyLectures and childcare training.

Overview of public foster parents

The government has the authority to entrust children to foster parentsPrefectural governorIn Japan, it is common for the governor to give practical authority to the director of the child guidance center to be carried out by the child guidance center.More than 8% of public foster parents are foster parents, which is the highest ratio.In addition, the foster parents under the Child Welfare Act are "the number of people less than or equal to the number specified by the Ordinance of the Ministry of Health, Labor and Welfare.Children requiring protectionThose who wish to raise a foster child and have completed the training conducted by the prefectural governor pursuant to the Ordinance of the Ministry of Health, Labor and Welfare, and who meet other requirements specified by the Ordinance of the Ministry of Health, Labor and Welfare, as provided in Article 34-18. Those registered in the foster parent list (Child Welfare Act (Act No. 22 of 164), Article XNUMX-XNUMX, Paragraph XNUMX ". Next, there are many adopted foster parents. Until children who cannot live with their parents can live with their parents again, the role of foster parents under the Child Welfare Act is to temporarily support them for a limited time without the purpose of adopting a child. It is positioned to support the return of children who cannot live with their real parents to their homes, and does not replace the parents of the children. Adopted foster parents aim to have special foster children with foster children in the future.

According to the Ministry of Health, Labor and Welfare, in the case of new measures for newborn babies, many local governments have a significantly high proportion of measures for infant care centers, and it is necessary to entrust foster parents from newborn babies.Even at the destinations where measures are changed after leaving the infant care center, some local governments have taken measures to enter 100% orphanages instead of foster parents.In addition, the system of foster parent staff at the child guidance center and foster parent consignment promotion staff in the foster parent support organization business also varies depending on the local government.[14].

In Osaka Prefecture, we recruited foster parents limited to the care of infants aged XNUMX to XNUMX years, who will increase the number of foster parents registered families.[15]..In Tokyo, there is a short-term condition that, as a general rule, a short-term child care within two months is required among the foster homes, and respite-only that keeps children entrusted by other foster parents for several days. There is also a system of[16].

According to the 10th Decentralization Law, in the child-rearing short-term support project to be used in case of illness of parents from April 3rd year of Reiwa, municipalities directly outsource children to foster parents without going through orphanages. You can now provide the protection you need [17].

problem

Foster parent violence and sexual and physicalAbuseIs a problem[18][19][20], There are also cases where entrusted children are killed[21][22]..In addition, sexual damage to children in custody at child welfare facilities has also been reported.[23][24]..According to the Ministry of Health, Labor and Welfare's "Implementation Status of Abuse Notification System for Measured Children, etc.", the rate of abuse by caregivers is higher in foster parents than in orphanages.[25].

History of Japanese foster parent system

The foster parent system has existed in Japan since the Heian period, but the foster parent system stipulated by the current law was institutionalized in the Child Welfare Act that came into effect in 1948 (Showa 23).However, the initial provisions regarding foster parents were only stated in Article 27, Paragraph 1, Item 3 of the Child Welfare Act.In this article, the "prefectural governor" states that "the child is entrusted to a foster parent ...", and the foster parent is "a child without a guardian or a child who is deemed inappropriate to be custody by a guardian." Those who wish to be brought up and who are deemed appropriate by the prefectural governor were only stipulated.After that, in 1974 (Showa 49), "About the operation of short-term foster parents" (No. 49 issued by children on September 9, 17), the first expansion of the foster parent system was attempted.Among them, the "short-term foster parent system" has been newly introduced, and the target children raised by the "short-term foster parent" are "for a period of about one month to one year due to illness, injury, detention, etc. of the guardian. , Children who are deemed inappropriate to have their parents custody. " "Short-term foster parents" will be positioned as part of regular foster parents[26].

At the beginning of the system, many foster parents lost their parents due to the war, and at one point the number of foster parents registered reached 2 and the number of foster children reached more than 9.After that, it decreased due to the expansion of orphanages, etc., and since the 90s, the number of foster parents registered has reached 7 and the number of foster children has reached the 2 level.[27]..In recent years, both have increased, and in 25 the number of registered foster parents was 9441, the number of entrusted foster parents was 3560, and the number of entrusted children was 4636.[28]..There is a big difference in the foster parent placement rate among local governments, and in some prefectures the foster parent placement rate exceeds 57.5%, such as 5% in Niigata prefecture, but the minimum is 9.6% in Akita prefecture (as of the end of 29). And the difference between local governments [29].

Former Mayor of TakahagiYoshio KusamaSaid that he was taken to an infant care center shortly after birth and grew up in an orphanage, but the mayor at that time became a foster parent on the weekend and had contact with him.[30].

Comparison with overseas

In other developed countries, it is common for children to be raised in a homely environment such as foster parents, and Japan, which has a foster parent outsourcing rate of 15%, is said to be special.[31]..The government says that it is desirable to increase the number of outsourcing to foster parents in order to raise children in a homely environment as much as possible. , Promote the spread of the foster parent system. "[32]..In many cases, the entrustment period is longer than in other countries, one-third is 3 years or more, and it is not uncommon for it to exceed 1 years.The foster parents are enthusiastic about raising their children, and the majority want to adopt them as they are.For this reason, it has been pointed out that in Japan, the "short-term childcare type until returning to the actual parent" is predominantly the "foster family-incorporation type by long-term childcare" in foreign countries.[33]..It has been pointed out that the background is insufficient support for parents.In the United StatesSteve JobsIs adopted, and adopted children tend to have a high level of education, and many celebrities have been brought up as adopted children and have succeeded.[34].

Overseas, according to FICE International, an international association that works on institutionalization and foster care for children, although most European countries have shifted from institutionalization to foster care, children are reported by "Eurochild" and UNICEF. The number of children being placed in foster care is increasing, and the number is higher than before the deinstitutionalization process began. FICE sees institutional care and foster care as complementary rather than conflicting models.[35]..Older children with complex or behavioral problems may not be ready to form intimate relationships at home with foster parents, and group homes can maintain quality of care. In some cases, therapeutic in-hospital care is suitable[36].

In Ohio, USA, the term "rehoming", which is commonly used by pets to move foster homes, is also used by children, and it is reported that children are legally interacting with each other in underground networks.[37]..There is also a matching site in New York that asks questions about the gender, age, and race of the child, and there are times when you are looking for an adopted child at the same time during fertility treatment.[38].

This is a post-consignment foster parent training program in the United Kingdom, and the introduction of a fostering change program developed for foster parents to respond appropriately to child behavior problems is being promoted in Japan as well.[39].

Other

  • Even in Japan, those who are recognized as being able to raise children appropriately, such as having knowledge and experience, can become foster parents without necessarily having a spouse, but in Tokyo they have experience in raising children or a public health nurse. , Nurse, nursery teacher, etc. must meet all the items[40].
  • Four prefectures, including Hyogo Prefecture, have introduced a "foster parent registration card" to officially prove the identity of a foster parent.[41].
  • In the case of adopted foster parents, the adoptive parents cannot take childcare leave during that time, so a study group of the Ministry of Health, Labor and Welfare recommends that they be able to take childcare leave.[42].
  • Foster parents are certified even if they are homosexual couples.According to interviews with Osaka City, it was revealed that the city of Osaka recognized male couples in their 30s and 40s (at that time) as foster parents on December 2016, 12, but this is the first time in Japan that same-sex couples have become foster parents. It is a recognized example[43].. In March 2020AichiBut male couples are certified as foster parents[44].
  • Investigation of injuries to entrusted children is underway[45][46]According to the Ministry of Health, Labor and Welfare's "Implementation Status of Abuse Notification System for Measured Children, etc.", the rate of abuse by caregivers is higher in foster parents than in orphanages.[47].
  • In the case of foster parents, 86,000 yen (additional 2 yen for the second and subsequent children) and 43,000 yen for specialized foster parents (additional 137,000 yen for the second and subsequent children) will be paid as entrustment costs.In addition, general living expenses of 2 yen for babies and 94,000 yen for non-babies will be paid, and kindergarten fees, admission fees, medical expenses, etc. will be added as necessary.[48]..Children are considered dependents under the Income Tax Act and are therefore eligible for a dependent deduction.[49]..The foster parent allowance will double from the second year of Reiwa to 2 yen for the first foster parent and 1 yen for the second and subsequent foster parents.For this reason, the maximum foster parent allowance for accepting four children, which is the upper limit of the system, is 9 yen.In addition, the amount of professional foster parents will be increased to 2 yen for the first person and 9 yen for the second and subsequent people.[50].
  • From an economic point of view, the foster parent system is more rational than the facility-oriented system.For example, if you grow up from 0 to 18 years old in an infant care center or orphanage in a big city, it costs 1 yen per person, but if you live in a foster parent's house, it is estimated to be 8,373 to 2,000 million yen.[51]..By the way, the cost comparison of social care by facility is as follows in Tokyo as of 2015.[Annotation 1][52].
Budget by type of child-rearing in Tokyo (27)
Type of child supportBudget amount Budget scaleBudget per child
Private (= company welfare) orphanage (facility for raising children in need of social care)111 million yen2,803396 yen (including some expenses for private group homes. Budget scale includes private group homes.)
Private (= company fortune) group home (small facility that raises about XNUMX children in a homely atmosphere in the area)22 yen852263 yen (excluding those included in private orphanages)
Infant care center (facility for raising infants in need of social care)34 yen507681 yen
Family home (a business that raises 5 to 6 children at the caregiver's home)3 yen123285 million yen (The capital written in here and History is incorrect. Please divide by one hundred correctly.)
Child-rearing families, etc. (so-called foster parents / children-rearing families)7 million yen419182 yen

Overseas foster parent system

In Europe and the United States, in order to protect the individual rights of children, the government and government have traditionally been entrusted to adoptive children and foster parents as soon as possible so that children entrusted to welfare facilities can be raised in a homely environment. I'm working on it.

Currently, in many countries, facilities that correspond to orphanages in Japan have been virtually abolished.In Japan, these efforts have been delayed, for example, although there are differences in the system in the international comparison around 2010, Australia has the highest foster parent placement rate of 93.5%, the United States 77%, and the United Kingdom 71.7%, and even Italy, which has a low rate, is 49.5. In Japan, it is 14.8% (March 2013).[53],United NationsAnd human rights groups have recommended that this be improved.Furthermore, in Western countries, the concept of "permanency (raising in a permanent family that is neither a facility nor a foster parent)" is emphasized in the care of children requiring protection, and one parent and child are required to restore the child to their parents. The unit of care is given top priority.The idea of ​​permanency is that for children, the "caregiver" and the "nursing environment" surrounding the child should be kept stable and continuous.That is, "permanence" in the idea of ​​permanency means "stability" and "continuity" of "caregiver" and "nursing environment".Based on this permency philosophy, the process of measures for children in need of social care, namely permanency planning, is carried out.Caregiver stability and continuity means that a caregiver should consistently care for a child.Under permency planning, measures are taken for children in need of protection to ensure a kinship or legal relationship between the child and the caregiver in order to maintain the stability and continuity of the caregiver. It is done against.For children who have been taken to a place outside the home, the first aim is to return to a single-parent family.However, if it is not possible to return to a single-parent family, secondly, treatment for other forms such as adoption will be considered in order to aim for the stability and continuity of the caregiver.In this case, treatment of specialized group care is positioned as a last resort (Maluccio and Fein 1: 2).[54]..If that is difficult, they tend to actively promote adoption,In fact, the system equivalent to Japanese foster parents is gradually shrinking.[Source required]..In some countries, even single people can adopt or foster children.In celebritiesMeg Ryan,Calista FlockhartEtc. welcomed children when they were single. (Both are adopted as foster children, not foster children.)

  • In the United States, children with physical and mental barriers are becoming foster children due to the influence of their parents' drug addiction, which is causing a decrease in foster parents.[55]..In addition, if the foster child period is prolonged, drifting from the foster parent family to the foster parent family will occur, which has the negative side of leading an unstable life.Twenty percent of foster care children have had three or more foster care, and foster care children are worried about changing measures.[56][57]..Abuse may occur in foster homes, with an incidence of 2000-1% in one state in 1.[57]..Child tampering is also seen as a problem in Western European countries, but Mamoru Watanabe, the representative of the foster parent system promotion project in Chiba City and other NPOs, is a 8-year-old girl who has changed contractors 60 times in eight years. Says he has met[58].
  • In Australia and elsewhere, foster care was promoted over institutional care in the mid-19th century for moral reasons and as a cheaper alternative. At the end of the 19th century, institutional care was twice as expensive as foster care in the Netherlands.For these reasons, more than half of children requiring foster care are now living on foster parents in other countries.Specialization has also progressed, and now there are specialized foster parents for children with disabilities in Canada and France.In the Netherlands, some foster parents are able to deal with the emotional problems of children who have not experienced proper parent-child relationships in their childhood.In Finland, raising children with mental illness is paid more than usual.[59].

Related literature

注 釈

  1. ^ It is difficult to calculate the annual budget per child for each type of facility, etc., because the expenses for group homes and the expenses for allocating staff to support nursing homes are included in the budget for orphanages.Temporarily, the budget amount per child was calculated by simply dividing the 27 budget amount such as the child admission facility measures cost under the Child Welfare Act by the budget scale (Tokyo Metropolitan Health and Welfare Bureau).Tokyo Metropolitan Assembly 27 Second Regular Meeting Reiko Ueda Document Question Excerpt from the letter of intent.

footnote

[How to use footnotes]
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  19. ^ Ministry of Health, Labor and Welfare Regarding the response status of each prefecture and city to the abuse of children under treatment in 25
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  21. ^ Tokyo Metropolitan Government 23 Tokyo Child Welfare Council Child Abuse Death Case Verification Subcommittee Report January 2012, 1 Retrieved February 2016, 6
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  23. ^ Shiga Prefecture Child Abuse Case Verification Result Report December 23, 2011
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  25. ^ Ministry of Health, Labor and Welfare Regarding the implementation status of the abuse notification system for children treated, etc. From the abuse rate in each year's report
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  31. ^ Editorial foster parent system I want to take root in society
  32. ^ "Social care" XNUMX people Abuse and absence of parents
  33. ^ International comparison of foster parent system Yasuhiko Yuzawa ed. P331 Minerva Shobo 2004
  34. ^ "Japan, an "adopted underdeveloped country", most of them go to facilities Tips to learn from the United States where Jobs and others are adopted”. Yahoo news (October 2021, 2). 2021th of February 2Browse.
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  41. ^ Foster parent status, official proof Hyogo Prefecture has a registration certificate to reduce the burden of foster child care
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Related item

外部 リンク

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 (851-854BetweenEmperor 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,1954The overseas adoption of war orphans begins in Japan.Private institutions that mediate have appeared one after another.1961The 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 to1990Since 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,2008In 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 for1987A 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

  • In the case of ordinary adoption, in principle, you are freeDivorceIt is necessary to agree on adoption and adoption and to notify the divorce (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).

Other

  • 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 he accompanied his foreigner, his child was only the youngest daughter, and his 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. 2018th of February 7Browse.
  2. ^ "Adoption". Shogakukan "Progressive English-Japanese dictionary』4rd edition.Kotobank. 2018th of February 7Browse.
  3. ^ "Adaptation". "Digital Daijisen".Kotobank. 2018th of February 7Browse.
  4. ^ a b c "Adoptive parent". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. 2018th of February 7Browse.
  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. 2018th of February 7Browse.
  6. ^ "adopted daughter". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. 2018th of February 7Browse.
  7. ^ "Adoptive parents and children". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. 2018th of February 7Browse.
  8. ^ "Real parent and child". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. 2018th of February 7Browse.
  9. ^ "Adopted". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. 2018th of February 7Browse.
  10. ^ "Adopter". "Digital Daijisen", "Daijirin" 3rd edition.Kotobank. 2018th of February 7Browse.
  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 2014th of February 9Browse. 
  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). 2020th of February 6Browse.

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