Jan 24
Summary
Jan 23, MHLW announced they did administrative guidance against the “Unification Church” because of their work as an adoption agency, which they did not register. Japanese law dictates adoption agencies register for children’s adoption. So the “Unification Church” did illegal work, and this had been questioning by attempting “Requesting Reports and Asking Questions” or “questioning right.”
I used DeepL translator for this translation since I did not have enough time for this work.
Compliance with relevant laws and regulations regarding adoptions, etc.
On December 9, 2022, we issued a “Notice Concerning Compliance with the Law-related the Protection of Children in the Mediation of Adoptions by Private Adoption Agencies” (Office Communication, Family Welfare Division, Child and Family Bureau, Ministry of Health, Labor and Welfare, dated December 9, 2022) to your organization.
The Government of Japan is continuing to investigate the facts about adoptions that have taken place in the past among the followers of your organization. The Law Concerning Protection of Children in Adoption Proceedings by Private Mediation Agencies (Law No. 110 of 2016, hereinafter referred to as “Mediation Law”) The following notice is given with the understanding that the purpose of the Law-related Protection of Children and Promotion of Welfare of Children (hereinafter referred to as the “Adoption Mediation Law”) and the Law Concerning Protection of Children in Relation to Adoption Mediation by Private Mediation Agencies (hereinafter referred to as the “Mediation Law”) is to protect children and promote their welfare.
The following is the notice.
1 Purpose of the Law
(1) Positioning of the right to be fostered by the biological parents and adoption
Article 7 of the Convention on the Rights of the Child stipulates that a child “has the right to be known and to be cared for by his or her parents as far as possible.”
Article 1 of the Child Welfare Law stipulates that “every child has the right to be properly cared for in accordance with the spirit of the Convention on the Rights of the Child (abbreviated) and to have other welfare equally guaranteed”, and Article 3-2 stipulates that the national and local governments shall “ensure that children are raised in their homes in good health, both physically and mentally. In addition, Article 3-2 stipulates that “the national and local governments shall support the guardians of children so that children are brought up in their families in good mental and physical health. However, in cases where it is difficult or inappropriate to take care of a child at home, necessary measures shall be taken to ensure that the child is continuously taken care of in a child-rearing environment similar to that of the child’s home. In this case, it is stated that “the Child Welfare Law, etc., shall be applied to the child. In this case, the “promulgation of the Act for Partial Revision of the Child Welfare Act, etc.” (Hoyu Kodomo Houkokusho No. 0603/1, 2016) states that “home” refers to an environment where the child is cared for by his/her biological parents or relatives, and “a child-rearing environment similar to that in a home” refers to a home through adoption, etc.
Thus, the Convention on the Rights of the Child, which Japan has ratified, and the Child Welfare Law clearly stipulate that children have the right to be cared for by their biological parents as much as possible.
The Adoption Mediation Law also stipulates that “a license system shall be established for persons engaged in the adoption agency business, and measures shall be taken to ensure the proper operation of such business, thereby protecting children involved in the adoption agency business of private agencies, and at the same time, promoting proper adoption mediation by private agencies. The Act was enacted as a legislative act by the Diet members for the purpose of “contributing to the promotion of the welfare of children by taking measures to ensure that children are protected in the adoption proceedings by private agencies, and by promoting appropriate adoption proceedings by private agencies.
Article 3, paragraph 1 of the Law stipulates that “the adoption mediation shall be conducted with the best interests of the child in mind and in conformity with the best interests of the child” and the “Notice on the Enforcement of the Law Concerning Protection of Children in Adoption Mediation by Private Mediation Agencies (Notice)” (November 27, 2017 Child No. 1127, No. 4) was enacted as a legislative measure. In the “Notice on the Enforcement of the Act on the Protection of Children in Relation to the Mediation of Adoption by Private Mediation Agencies (Notice No. 1127-4 of November 27, 2017),” it is stated that “the significance of the adoption system in child welfare is to provide a warm home to a child who has no guardian or is disadvantaged and to provide legal stability to the child’s care, thereby ensuring the sound development of the child, and adoption shall be conducted solely from the perspective of the child’s welfare. Adoption must be conducted solely from the perspective of the welfare of the child.
(2) Interpretation of “Mediation” and “Business”
In the same Enforcement Notice, the term “mediation” for adoption means “‘to mediate between a prospective adoptive parent and a child and to talk to the child as a third party in order to facilitate the conclusion of the adoption’ and is not a requirement for the conclusion of the adoption. In addition, the term ‘third party’ shall mean a person who is a parent of the child or the child’s father or mother (including a person who is to become the child’s father or mother as a result of the birth of the child) and a person who is a prospective adoptive parent of the child. Hereinafter referred to as “parents of the child”) or the child’s parents. Or a person other than the child’s father or mother who has the right of care for the child (including a person who is to become the person who has the right of care for the child due to the birth of the child). The communication between the child and a person other than the child’s parents (including a person who should have the right to custody of the child due to the birth of the child) regarding information on both parties shall fall under the category of adoption mediation.” The adoption agency is required to “provide information on the adoption of a child”. The “conclusion of adoption” here refers to the point in time when the family court grants permission for an ordinary adoption in accordance with Article 798 of the Civil Code (Law No. 89 of 1896) or when a special adoption in accordance with Article 817-2, Paragraph 1 of the same Code is concluded. The term “conclusion of adoption” does not refer to the point in time when the prospective adoptee and the birth parents of the child to be adopted reach an agreement on the adoption of the child. In addition, in the same notice, it is stated that “the adoption of a child by a person who has been adopted by both parties is considered to be mediation.
In addition, the same notice states that “under this Act, the term ‘adoption agency business’ refers to the act of mediating adoptions as a business. The term “carrying on as a business” means to carry out the same kind of activities repeatedly and continuously for a certain purpose, and even if it is a one-time act, it has the nature of a business if carried out with the intention of repeating the same kind of activities. Examples of cases in which a business should be considered to be a business are those that advertise that they provide adoption services, those that have an office and show signs that they provide adoption services, and those that have an office and show signs that they provide adoption services.
The “Examples of cases in which a business should be considered to be an adoption agency are when it advertises that it is an adoption agency or when it has an office and posts a sign that it is an adoption agency. In addition, the law also states that a commercial adoption agency may not be engaged in the adoption of children for profit. In addition, it is stipulated in Article 7, Paragraph 1, Item 5 of the Adoption Mediation Law that a person who intends to engage in the adoption agency business for profit cannot be licensed as a private adoption agency, and the giving and receiving of money is not relevant in determining whether or not a person is engaged in the “adoption agency business.
2 Comments from those who have been adopted through adoption among believers of your organization
After the media report on November 15, 2022, that your organization may be engaged in the adoption agency business without obtaining permission from the prefectural governor, we received comments from several people who were adopted through adoptions between believers of your organization, including their own experiences, their current feelings based on their experiences, and their opinions. Many of them said, “The birth parents are the ones who are the ones who are the most important. Many of them said, “If my birth parents gave me up for adoption because they could not raise me, I could understand, but if they could raise me but abandoned me, I wish they had never given me up at all,” “I used my life and my life to fulfill their teachings,” “My birth parents could have raised me, but they gave me up for adoption, and that hurt me so much,” “What is wrong with me? I would not have been born if it were not for the teachings of the church, which encourages having many children and giving them up for adoption.
If it were not for the teachings of the church, which encourages the birth and adoption of many children, I would not have been born. These people’s voices showed that their biological parents (birth parents) were not able to raise them and that they had no compassion.
The fact that they were adopted while their other siblings were being raised by their birth parents was deeply damaging to the children’s hearts after they grew up.
In addition, some of them said, “I want this to stop from the child’s point of view. I don’t want the next victim to suffer from the same mental pain as I did.
3. Thorough Enforcement of Compliance with Laws and Regulations, etc. at Your Organization
In the “Handbook on the Righteous Life for Blessed Families” (revised edition, 4th printing, published on January 31, 2019), which is published by your corporation, it is stated that “the offering of a child for adoption to a childless family is a beautiful tradition of the Family Association for World Peace and Unification in the sense that we can realize God’s family ideal together, centering on God’s love. It is a beautiful tradition of the United Families for World Peace and Unification.” “Families who have received the blessings of children from Heaven have the responsibility to share these blessings with families without children,” etc.
On the other hand, as mentioned above, the Convention on the Rights of the Child and the Child Welfare Law state that children have the right to be cared for by their parents as much as possible, and that adoption should be considered when it is difficult or inappropriate for the biological parents to care for the child.
The handbook also states, “Once an agreement is reached between both families, it must be reported to the Family Education Bureau. The handbook also states, “Once both families have reached an agreement, it must be reported to the Family Education Department; it should not be done by both families, or by the parish or church alone, or after the adoption ceremony. Once both families have reached an agreement, submit the “Application for Adoption” and family photo to the Family Education Department at Headquarters for approval by the president. After approval, the Family Education Department at Headquarters will contact both families and the head of the family department and their church will be notified by the Family Education Bureau. In addition, “Basically, all expenses related to the birth (regular medical checkups, etc.) are to be paid by the adoptee. However, until approval is received from the Family Education Department, no money will be given or received.” “It is necessary to have the head of the church and the head of the family department attend the birth and confirm that both families are in agreement on what to do in case of any health problems with the child,” etc.
On the other hand, as mentioned above, “mediation” of adoption under the Mediation Law means “to mediate between the prospective adoptive parents and the child and to take care of the child as a third party so that the adoption will be completed smoothly,” and it is considered to be “mediation” if it involves contacting both parties for information or taking care of the child even after both parties have reached an agreement to ensure the adoption will be completed smoothly. In addition, such “mediation” is considered to be a form of “mediation. Furthermore, if the agency advertises that it provides such “mediation” (i.e., facilitates adoptions), it is considered to be a business.
The handbook begins by stating, “It is the basis of our liturgy, so let us do our utmost to put it into practice. It is believed that believers refer to this handbook as the basis of their life of faith. On the other hand, the above statement in the handbook does not assume that children have the right to be cared for by their parents as much as possible, and there is a concern that believers may understand that adoption is arranged within your corporation.
In light of the aforementioned understanding of the parties involved in adoptions, as well as the purpose and content of the Convention on the Rights of the Child, the Child Welfare Law, and the Mediation Law, we ask that you comply with all laws and regulations and ensure that no acts that would constitute adoption agency business are conducted within your organization, and that you reiterate in your publications and other materials the purpose and content of the laws and regulations. We also request that you ensure that your publications and other materials appropriately describe the purpose of the laws and regulations.
Proper Operation of the Act on the Protection of Children through Adoption Mediation by Private Mediation Agencies (Notice)
We would like to thank you for your continued understanding and cooperation in the promotion of child welfare administration.
The “Act on the Protection of Children through Adoption Mediation by Private Mediation Agencies” (Act No. 110 of 2016, hereinafter referred to as the “Act”), which came into effect on April 1, 2008, has been implemented as follows. The “Law Concerning Protection of Children in Adoption Arrangements by Private Mediation Agencies” (Law No. 110 of 2016, hereinafter referred to as the “Law”) In light of media reports that the Family Federation for World Peace and Unification (FFPU) is suspected to be engaged in the adoption agency business without obtaining a license under the Law, we hereby issue the “Notice on the Proper Operation of the Law Concerning Protection of Children in Adoption Proceedings by Private Adoption Agencies and the Consultation System, etc. for Adoption Proceedings” (Notice) (hereinafter referred to as the “Notice”). (Notice)” (Child Welfare Bulletin No. 12009 No. 2, December 9, 2022), we have requested that your local governments ensure the proper operation of the Law and consultation systems for adoptions.
In order to ensure the proper application of the law, we have issued the attached notice to the Family Association for World Peace and Unification (FUAW) as of today.
We also ask that your local governments ensure that adoption counseling services are not conducted without the permission of the prefectural governor in your area of jurisdiction. In addition, we would like to request that, in the event that a party to an adoption with a religious background contacts the Child Guidance Center of a prefectural or other child guidance center, etc. for consultation regarding such adoption, such party should contact the Family Welfare Division of the Child and Family Affairs Bureau of the Ministry of Health, Labor and Welfare.