Japan amends “obsolete” legal paternity law

Local media said Thursday that the Japanese government plans to revise the 100-year-old Civil Code provisions that presume that a former husband is the legitimate father of a female child within 300 days of divorce, even if the female remarries. Reported to.

The proposed changes to the provisions of the Civil Code will give the new spouse a legal father, regardless of how long they have been married.

A subcommittee of the Ministry of Justice’s Legislative Council approved the draft amendment to the Civil Code provisions, which was finalized on February 1, marking the first rule amendment since it came into force in 1898. report..

According to the report, the proposed amendment will be submitted to the Diet, which refers to the Japanese House of Representatives, after being approved by the full Legislative Council and the Minister of Justice.

The subcommittee is aiming to reduce the number of children without a family register following the discovery of 825 children without a family register as of January this year. Of that number, 591 mothers filed birth announcements due to the existing 300-day father’s rule of recognizing the ex-husband as the legitimate father of the child and depriving Japan of public and private services. He hesitated to do so, so he lacked family records.

According to the Ministry of Justice, divorced women are most likely to want to avoid submitting a birth announcement for their child as a result of domestic violence, remarriage, or pregnancy with another partner. is.

The Civil Code amendment will also remove the country’s 100-day remarriage taboo, which applies only to Japanese women, as it was abolished by another proposal by the Sub-Committee.

A woman who was single after divorce still has her ex-husband as the legal father of her child under the law.

The sub-committee also proposed giving women and children the right to reject their fathers. This is an option currently only available to husbands or ex-husbands and is up to 3 years after birth instead of the current 1 year.

In addition, the draft amendment to the Civil Code includes the removal of the word “disciplinary action” from the custody provisions to prevent child abuse.

The Sub-Committee proposed abolishing it and replacing it with a clause that promotes respect for children as individuals.

Aldograph Redley


Aldgra Fredly is a Malaysia-based freelance writer featuring the Epoch Times Asia Pacific News.