Domestic Relations Case Procedure Act

An adjudication case for the appointment of a special representative in an action to rebut presumption of a child born in wedlock is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a child.

The provisions of Article 118 apply mutatis mutandis to the father and the former husband prescribed in Article 774, paragraph (4) of the Civil Code in an adjudication case for the appointment of a special representative in an action to rebut presumption of a child born in wedlock.

A person who has filed a petition for the appointment of a special representative in an action to rebut presumption of a child born in wedlock may file an immediate appeal against a ruling to dismiss the person's petition.

An adjudication case for permission to change the surname of a child (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (60); the same applies in the following paragraph) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a child (in the case of a petition for permission for the change of the surname regarding two or more children who have the same father or mother, one of the children).

The provisions of Article 118 apply mutatis mutandis to a child (limited to a child of 15 years of age or older) in an adjudication case for permission to change the surname of a child.

A person who has filed a petition for permission to change the surname of a child may file an immediate appeal against a ruling to dismiss the person's petition.

An adjudication case for permission to adopt is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the person who is to be adopted.

The provisions of Article 118 apply mutatis mutandis to a person who is to adopt another and a person who is to be adopted (limited to a person of 15 years of age or older) in an adjudication case for permission to adopt.

When making a ruling of permission to adopt, the family court must hear statements from the following persons; provided, however, that this does not apply to a person who is to be adopted if it is impossible to hear the person's opinions due to the person's mental or physical disability:

a person who is to be adopted (limited to a person of 15 years of age or older); and

a person who exercises parental authority over a person who is to be adopted and a guardian of a minor who is to be adopted.

A person who has filed a petition for permission to adopt may file an immediate appeal against a ruling to dismiss the person's petition.

An adjudication case for permission in lieu of consent for giving consent to adoption is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the person who is to be adopted.

The provisions of Article 118 apply mutatis mutandis to the legal representative of the person who is to be adopted, a parent of the person who is to be adopted who is to have custody of that person, and a parent of the person who is to be adopted whose parental authority has been suspended, in an adjudication case for permission in lieu of consent for giving consent to adoption.

When making a ruling of permission in lieu of consent for giving consent to adoption, the family court must hear statements from a parent of the person who is to be adopted who is to have custody of that person and a parent of the person who is to be adopted whose parental authority has been suspended.

A ruling of permission in lieu of consent for giving consent to adoption must be notified to a parent of the person who is to be adopted who is to have custody of that person and a parent of the person who is to be adopted whose parental authority has been suspended, in addition to the persons prescribed in Article 74, paragraph (1).

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items:

a ruling of permission in lieu of consent for giving consent to adoption:a parent of the person who is to be adopted who is to have custody of that person and a parent of the person who is to be adopted whose parental authority has been suspended;

a ruling to dismiss a petition for permission in lieu of consent for giving consent to adoption:the petitioner.

An adjudication case for permission for the dissolution of an adoptive relationship after the death of a party to an adoption is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the petitioner.

The provisions of Article 118 apply mutatis mutandis to an adoptive parent and an adopted child (limited to a person of 15 years of age or older) in an adjudication case for permission for the dissolution of an adoptive relationship after the death of a party to an adoption.

When a petition for permission for the dissolution of an adoptive relationship after the death of a party to an adoption is filed after an adopted child has died, the family court is to give notice to that effect to a person who is to be the heir of the adoptive parent as an heir per stirpes of the adopted child, except when the petition is unlawful or the petition is clearly groundless; provided, however, that this is required only when the name and domicile or residence of that person is known from the case record.

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items:

a ruling for permission for the dissolution of an adoptive relationship after the death of a party to an adoption:an interested party (excluding the petitioner); and

a ruling to dismiss a petition for permission for the dissolution of an adoptive relationship after the death of a party to an adoption:the petitioner.

An adjudication case for the designation of a successor to the ownership of equipment for rituals, etc. upon the dissolution of an adoptive relationship, etc. (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (6)) is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the owner.

In a ruling of the designation of a successor to the ownership of equipment for rituals, etc. upon the dissolution of an adoptive relationship, etc., the family court may order a party to deliver genealogy information, equipment for rituals, and graves.

A party to the dissolution of an adoptive relationship and any other interested party may file an immediate appeal against a ruling of the designation of a successor to the ownership of equipment for rituals, etc. upon the dissolution of an adoptive relationship, etc. and a ruling to dismiss a petition for the ruling.

An adjudication case for the establishment of a special adoption is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a person who is to adopt another person.

A person who is to be adopted must be a person subject to a ruling of confirmation of eligibility for a special adoption (meaning confirmation that the person who is to be adopted has the requirements set forth in Article 817-6 of the Civil Code, and the parents specified in Article 817-7 of the same Code may be considerably difficult or inappropriate to take care of a person who is to be adopted, or that there is any other special circumstances; hereinafter the same applies in this Article and the following Article) (limited to those filed by the petitioner pursuant to the provisions of paragraph (1) of the Article) or a person subject to a ruling for confirmation of eligibility for a special adoption upon petition by the director of a child guidance center (limited to those determined after the date, which is six months before the date of the petition for the establishment of a special adoption).

The person who has parental authority over the person who is to be adopted (excluding the other prescribed in the provisions of the proviso to Article 817-3, paragraph (2) of the Civil Code, who is the spouse of the petitioner; hereinafter the same applies in this paragraph) and those who exercise parental authority over the person who has parental authority over the person who is to be adopted may not participate in proceedings on behalf of the person who is to be adopted in an adjudication case for the establishment of a special adoption.

The parents of the person who is to be adopted (excluding the other one prescribed in the proviso to Article 817-3, paragraph (2) of the Civil Code, who is the spouse of the petitioner. The same applies in paragraph (10)), notwithstanding the provisions of Article 42, paragraphs (1) and (3), may not participate in the proceedings of an adjudication case for the establishment of a special adoption.

The provisions of Article 118 apply mutatis mutandis to a person who is to adopt another and a person who is to be adopted, and the other person prescribed in the proviso of Article 817-3, paragraph (2) of the Civil Code, who is a spouse of the petitioner in an adjudication case for the establishment of a special adoption (including an adjudication case for a provisional order sought by designating the adjudication case as a case on the merits).

When making a ruling of the establishment of a special adoption, the family court must hear statements from the following persons.

the person who is to be adopted (limited to those aged 15 or older);

the person who exercises parental authority over the person who is to be adopted (excluding parents of the person who is to be adopted and person who exercises parental authority over the parents of a person who is to be adopted), and a guardian of the minor who is to be adopted.

A ruling of the confirmation of eligibility for a special adoption (including ruling of the confirmation of eligibility for a special adoption upon petition by the director of child guidance center; hereinafter the same applies in this paragraph) binds the court before which an adjudication case for the establishment of a special adoption is pending. In this case, a ruling of the confirmation of eligibility for a special adoption, in relation to the adjudication case for the establishment of a special adoption, is deemed to have been made at the time of ruling for the establishment of a special adoption.

Notice of a ruling of the establishment of a special adoption must be given to the persons set forth in paragraph (6), item (ii), beyond the persons prescribed in Article 74, paragraph (1).

Notice of a ruling of the establishment of a special adoption is not required to be given to the person who is to be adopted when the family court finds that the notice would harm the interests of the person in consideration of the person's age, degree of development, and in all other circumstances; provided, however, that this does not apply if the person who is to be adopted has reached the age of fifteen.

Notice of a ruling of the establishment of a special adoption is not required to be given to the parents of the person who is to be adopted; provided, however, that the date of ruling and the main text of the ruling must be notified to the parents whose address or residence is known.

Notwithstanding the provisions of paragraph (2), the family court may make a ruling of the establishment of a special adoption at the same time as a ruling of confirmation of the eligibility for a special adoption. In this case, the ruling of the establishment of a special adoption has not been finalized until the ruling of confirmation of the eligibility for a special adoption is finalized.

In the case set forth in the provisions of the first sentence of the preceding paragraph, if the judicial decision revoking the ruling on confirmation of eligibility for a special adoption is finalized, the family court must revoke the ruling of the establishment of a special adoption by its own authority.

A ruling of the establishment of a special adoption does not become final and binding after the date when the person who is to be adopted reaches the age of eighteen. In this case, the family court must revoke the ruling by its own authority.

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items:

a ruling of the establishment of a special adoption:the person who is to be adopted and the person set forth in paragraph (6), item (ii).

a ruling to dismiss a petition for the establishment of a special adoption:the petitioner.

The period of an immediate appeal filed against a ruling of the establishment of a special adoption by a person who is to be adopted (limited to those under the age of 15) runs from the date on which a person other than the person who is to be adopted receives a notice of the ruling (if there are two or more such days, the latest day).