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Court upholds male-only right to deny legal fatherhood

42 Comments

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42 Comments
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Once again, obtuse logic from the supreme court.  DNA should top presumed legal fatherhood when challenged.

25 ( +28 / -3 )

Funny thing though, and the court obviously choose to ignore it, if the woman is married to a foreigner there is no problem in having the child registered under the mother's name.

26 ( +29 / -3 )

One other thing, the court in it's own manner, is pushing for the state to take action to change the laws that are on the books.

Often times I think we over look the fact that the court is bound to rule based upon current laws, and not upon what would be "right".

I do not like the decision, as I noted in my previous post, there are loop holes, but I do not want the courts to start making laws on their own either.

It's up to the government to enact new laws, but sadly I do not get the feeling that this is a priority to Abe.

17 ( +20 / -3 )

"As of Aug 10, 715 people were not listed on family registries..." How do they know that?

4 ( +4 / -0 )

The court is stuck within the constraints of the archaic koseki. They are asking for the law makers for help...

10 ( +13 / -3 )

Courts here need to get out of the stone age!!

1 ( +8 / -7 )

Courts here need to get out of the stone age!!

I think it's the government that needs to modernize the laws. That's not the courts' responsibility.

"As of Aug 10, 715 people were not listed on family registries..." How do they know that?

Darn. Now I'm going to be puzzling over that question all day.

2 ( +2 / -0 )

As of Aug 10, 715 people were not listed on family registries, according to the Justice Ministry.

That's a hell of a lot of people not being "registered". I would venture a guess here and say that, like the plaintiffs in this case and the numbers of babies being born, reported by hospitals, and not being registered the ministry came up with this number.

But I will bet it's even more!

0 ( +0 / -0 )

BOTH the govt & courts need to get out of the stoneage, there updated myself!

6 ( +8 / -2 )

If the police use DNA to convict criminals why can't we use it to match fathers!

11 ( +14 / -3 )

2018 folks. Welcome to japan.

8 ( +12 / -4 )

Just a smidge of common sence from law makers and the courts would go a long way towards dragging Japan close to being a functioning fair society.

7 ( +9 / -2 )

Wallace Fred

2018 folks. Welcome to japan.

1718 more like it in this case. I enjoy living in Japan, but seriously, it's things like this, the abducted children issues and not being able to register the babies name as a foreign father that leaves me scratching my head.

9 ( +11 / -2 )

Settling the legal status of a child should be prioritized over matching a biological father and child, said Presiding Judge Toshiko Eguchi in handing down the ruling.

Woooow ! That's BS on whole new level !

Way to say that people are numbers and documents before being people !

9 ( +11 / -2 )

The term of male-only right is really disturbing and discriminatory. A male-only right nation has no human right.

10 ( +12 / -2 )

Lack of common sense at the highest levels, how is this possible? Oh because the majority of this country would rather play dumb and not be the nail that sticks out, because exercising just a tiny bit of self confidence and sticking it out there will bring the archaic hammer upon you. common sense must be one of those illegal unwritten rules of the Japanese culture!

4 ( +7 / -3 )

Why wasn’t the later child put in the other man’s koseki?

1 ( +3 / -2 )

If the police use DNA to convict criminals why can't we use it to match fathers!

Right to privacy. There is no felony here. Government just can’t figure out how to manage the paperwork.

0 ( +2 / -2 )

Although this problem came from the wife's affair while married, these archaic rules are kept to help men who step out on their wives, or get involved with foreign women run away from their responsibilities if they choose.

1 ( +6 / -5 )

it is "an issue regarding how a family should be" and the legislature should deal with the matter while taking into account tradition and public sentiment.

So, when was this law written? In the 1600's?

8 ( +9 / -1 )

The family register system is the root of many family-related problems in Japan.

5 ( +7 / -2 )

If Japan cannot step into the 21st century, can it at least step into the 20th century? Is DNA still unknown in Japan?

7 ( +9 / -2 )

Japan, It's a man's world.

8 ( +10 / -2 )

Although this problem came from the wife's affair while married, these archaic rules are kept to help men who step out on their wives, or get involved with foreign women run away from their responsibilities if they choose.

Way to blame the victim. She was a victim of DV. Any idea how hard it is to get a divorce in this country if your partner is a selfish, difficult, brat? I know far too many people, women and men, who have had to wait years because of the way the system is set up. The woman was moving on with her life. Was it an "affair" in the legal sense it was but come on. Look at the circumstances.

5 ( +10 / -5 )

Should be. This is definitely not reality-centered. We can go back to Adam & Eve for should bes. Let’s work on helping the children, the real victims here, then worry about paternal and / or maternal responsibilities.

-1 ( +2 / -3 )

Can’t understand legal fatherhood, but understand childrens rights.

1 ( +3 / -2 )

Yep, wives and children are not chattel any more, so its time to ditch the koseki.

1 ( +3 / -2 )

Backwards Japan strikes again. At the very minimum they should allow DNA evidence to be used to prove who the father is, regardless of marital status.

They could do away with the family registry nonsense entirely and just issue birth certificates. What do they do if a woman is unmarried, has a child, and does not know, or will not say, who the father is? Does the child remain unregistered?

1 ( +3 / -2 )

What a dumb system. Realty is not even acknowledged, it's too difficult to change an archaic system, the family register system is flawed on many levels. Keep it simple is an anathema for beauracratic over complication. Sorry I didn't sign/ stamp several forms enabling me to to be an actual human. Sorry wrong desk let's start over, oh sorry wrong desk.

-1 ( +1 / -2 )

Wow, just wow: what the judges think it should be beats what it actually is.

1 ( +2 / -1 )

@tmarie

Was it an "affair" in the legal sense it was but come on.

My point was made!

2 ( +4 / -2 )

What if a total stranger came up to you and demanded your child as his?  If you want to keep your child, you can no matter what because of this law.  Think about it.

-1 ( +2 / -3 )

The family register system is the root of many family-related problems in Japan.

Correct. It's holding back the rights of women and children. It's clumsy, discriminatory, excluding and not fit for purpose.

2 ( +3 / -1 )

Thumbs down to this

-2 ( +0 / -2 )

@Silvafan

Really, how is this an affair, they are separated. Only a real blowhard or male chauvinist think this is an affair.

-2 ( +2 / -4 )

We have some interesting laws on this side of the Pacific Ocean, as well. If two people are married as husband and wife, and if the wife gives birth to a child, the husband has a legal obligation to help support the child, whether or not he is the biological father. I think. Laws vary from state to state, but I have always heard that that is the way things are done.

2 ( +2 / -0 )

12

@Silvafan

Really, how is this an affair, they are separated. Only a real blowhard or male chauvinist think this is an affair.

Only an idiot would believe there is only one side to every story!

By law, they are still married. Right or wrong?

2 ( +3 / -1 )

DANGEROUS FOR WOMAN

°

This is an old law and and old case, that use to assure to a child a father, but more importantly, forbidding a woman to remarry before the man, and her to be free.

This is always difficult to put wrong laws in historic justice. The number of men who will deny their parenthood to not pay their childcare share will rise high. They put in jeopardy, real and honest mother and children, for an "on the side case" that did not need to go that high to be judge.

Some people are trying to go back on men obligations toward leaving women and the divorced children. This is serious human laws breach in an extreem right Japan.

Woman have to fight for their freedom !

°

NCM

0 ( +0 / -0 )

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