DOS Reviews Japanese Laws Affecting Certain Intercountry Adoption Cases

On April 13, 2017, the U.S. Department of State (DOS) stated that it is currently reviewing Japanese law regarding the transfer of custody of a child without a court order [PDF version]. The DOS stated that the transfer of custody of a child without a court order “may affect a child's eligibility for an adoption-based visa under the Immigration and Nationality Act.”

In light of the review, the DOS “urge[d] families with pending I-600 petitions and immigrant visa applications based on the transfer of custody of children — if such applications do not involve a court order — to consider deferring their travel to Japan to complete the visa process at this time.” Furthermore, the DOS also urged adoption agencies to not make any referrals to prospective adoptive parents in the United States in these cases until the DOS issues further notice.

The review may implicate adoption cases in Japan involving the transfer of custody of a child without a court order. Prospective adoptive parents in these cases should consult with their Adoption Service Provider and an experienced immigration attorney for a case-specific consultation and an understanding of the relevant U.S. immigration laws. We will update the website when more information is available.