Domestic Relations Case Procedure Act

A family court may, upon petition by a person who is to adopt another person, make a ruling on the adoption between that person and the person who is to be adopted for confirmation of the eligibility for a special adoption; provided, however, that this does not apply by the day on which two months have elapsed from the date of birth of the person who is to be adopted and on or after the day when the person who is to be adopted has reached the age of eighteen.

An adjudication case for confirmation of the eligibility for a special adoption falls under the jurisdiction of a family court that has jurisdiction over the domicile of the person who is to adopt another.

A petition for the confirmation of the eligibility for a special adoption must be made at the same time as a petition for the establishment of a special adoption.

The provisions of Article 118 apply mutatis mutandis to the person who is to adopt another, and the person who is to be adopted and the parents of the person who is to be adopted, in an adjudication case for confirmation of eligibility for a special adoption.

The consent in the main clause of Article 817-6 of the Civil Code cannot be withdrawn if it falls under all of the following items; provided, however, that this does not apply until the expiration of 2 weeks from the date of consent.

It is given two months after the date of birth of the person who is to be adopted.

It falls under any of the following.

The document has been submitted to the family court after the fact has been investigated by a family court investigating officer.

the consent has been given on a hearing date.

In the case of making a ruling for confirmation of the eligibility for a special adoption, the family court must hear the statement of the following persons. In this case, in the event that the ruling is made without the consent of the persons set forth in item (ii), the statement of that person must be heard on the hearing date.

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

the parents of the person who is to be adopted;

the person who exercises parental authority over a person who is to be adopted (excluding the person set forth in the preceding item) and a guardian of a minor who is to be adopted; and

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

When a ruling dismissing a petition for the establishment of a special adoption is finalized or a petition for the establishment of a special adoption is withdrawn, the family court must dismiss a petition for confirmation of the eligibility for a special adoption pertaining to the petition of the person who has filed the petition.

In the case of making a ruling to dismiss a petition for confirmation of the eligibility for a special adoption, the family court must hear the statement of the person set forth in paragraph (6), item (ii) and item (iii).

The ruling for confirmation of the eligibility for a special adoption must be notified to a person prescribed in Article 74, paragraph (1), as well as to the persons set forth in paragraph (6), item (iii) and item (iv).

Notice of a ruling of confirmation of the eligibility for a special adoption is not required to be given to the person who is to be adopted if the family court finds that the notice would harm the interests of the person in consideration of the age, degree of development, and all other circumstances.

In the case of a ruling for confirmation of the eligibility for a special adoption, if it is not possible to specify the persons set forth in item (ii) of paragraph (6), it is not necessary for the family court to hear the statement of the persons set forth in the item and item (iv) of the paragraph nor notify them of the ruling.

With regard to the rulings set forth in the following items, the persons specified in each item may make an immediate appeal.

a ruling of confirmation of the eligibility for a special adoption; the person who is to be adopted and the persons set forth in paragraph (6), items (ii) through (iv).

a ruling that dismisses a petition for confirmation of the eligibility for a special adoption; the petitioner

The period of an immediate appeal against a ruling for confirmation of the eligibility for a special adoption by a person who is to be adopted runs from the day on which a person other than the person who is to be adopted receives a notice of a ruling (if there are two or more such days, the latest day).

When a ruling to dismiss the petition for the establishment of a special adoption becomes final and binding, or when a petition for the establishment of a special adoption is withdrawn, the ruling for confirmation of the eligibility for a special adoption by the person who has filed the petition ceases to be effective.

An adjudication case for the dissolution of a special adoption is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of the adoptive parents.

The provisions of Article 118 apply mutatis mutandis to adoptive parents, an adopted child, and the child's natural parents in an adjudication case for the dissolution 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 dissolution of a special adoption, the family court must hear statements from the following persons. In this case, it must hear statements from the persons set forth in items (i) through (iii) on the date of a hearing:

the adopted child (limited to a child of 15 years of age or older);

the adoptive parents;

the natural parents of the adopted child;

the person who exercises parental authority over the adopted child (excluding the persons set forth in item (ii)), and a guardian of the adopted child;

a guardian of an adoptive parent; and

the person who exercises parental authority over a natural parent of the adopted child, and a guardian of a natural parent of the adopted child.

When making a ruling to dismiss a petition for the dissolution of a special adoption, the family court must hear statements from the following persons:

the natural parents of the adopted child (excluding the petitioner);

the person who exercises parental authority over the adopted child, and a guardian of the adopted child; and

the person who exercises parental authority over a natural parent of the adopted child, and a guardian of a natural parent of the adopted child.

Notice of a ruling of the dissolution of a special adoption must be given to the persons set forth in paragraph (3), items (iv) through (vi), beyond the persons prescribed in Article 74, paragraph (1).

Notice of a ruling of the dissolution of a special adoption need not be given to the adopted child when the family court finds that such notice would harm the interests of the adopted child in consideration of the child's age, degree of development, and in all other circumstances.

An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items (in item (i), excluding the petitioner):

a ruling of the dissolution of a special adoption:the adopted child, the adoptive parents, the natural parents of the adopted child, the person who exercises parental authority over the adopted child but who is not the adoptive parent, a guardian of the adopted child, a guardian of an adoptive parent, the person who exercises the parental authority over a natural parent of the adopted child, and a guardian of a natural parent of the adopted child;

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

The period for filing an immediate appeal against a ruling of the dissolution of a special adoption to be filed by an adopted child runs from the day on which a person other than the adopted child receives notice of a ruling (if there are two or more such days, the latest day).

When a petition for the establishment of a special adoption is filed, and when it is necessary for the interests of a person who is to be adopted, the family court (or a high court in the case set forth in Article 105, paragraph (2); the same applies in paragraphs (3) and (4)) may, upon the petition of the person who has filed the petition, appoint the petitioner as a person who has custody of the person who is to be adopted or suspend the performance of duties by the person who has parental authority over the person who is to be adopted or by a guardian of the minor who is to be adopted or appoint a person acting as the representative thereof, until a ruling on the petition for the establishment of a special adoption becomes effective.

A ruling to suspend the performance of duties under the provisions of the preceding paragraph becomes effective when notice thereof is given to the person who has parental authority or a guardian of a minor who is to be suspended from performing duties, the person who exercises parental authority over the person who is to be adopted or any other guardian of the minor who is to be adopted, or a person acting as a representative appointed pursuant to the provisions of the paragraph.

A family court may, at any time, replace a person acting as a representative appointed pursuant to the provisions of paragraph (1), with another.

A family court may grant a reasonable remuneration to a person acting as a representative appointed pursuant to the provisions of paragraph (1) or a person acting as a representative appointed as a replacement pursuant to the provisions of the preceding paragraph, out of the property of the person who is to be adopted.

The provisions of the preceding paragraphs (excluding the parts concerning a provisional order for the appointment of a person who has custody of a person who is to be adopted) apply mutatis mutandis to a provisional order sought by designating an adjudication case for the dissolution of a special adoption as a case on the merits.