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Court upholds male-only right to deny legal fatherhood

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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 )

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

25 ( +28 / -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 )

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

11 ( +14 / -3 )

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

10 ( +13 / -3 )

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

10 ( +12 / -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 )

2018 folks. Welcome to japan.

8 ( +12 / -4 )

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 )

Japan, It's a man's world.

8 ( +10 / -2 )

Another day in 1918 Japan.

8 ( +10 / -2 )

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 )

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 )

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

6 ( +8 / -2 )

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

5 ( +7 / -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 )

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

4 ( +4 / -0 )

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 )

argued the Civil Code provision only enabling men to deny legal fatherhood is discriminatory and unconstitutional.

@albleo is correct. Judges (including the High Court) are civil servants in Japan and probably cannot change laws. I think the word "unconstitutional" did them in. This is to ambiguous for courts in Japan.

It is encouraging to see however the court identifying the problem with the law -- and now with additional public pressure on the government by these 700+ not registered families this issue should get more attention.

It is important to challenge the now unjust laws in this way in Japan. The low 2.2 million compensation shows the plaintiffs wanted to raise awareness of the issue as a first step to change the law and for this I commend them.

If you want to help - please flood requests to push the government on this to your local MP, etc and news media.

4 ( +6 / -2 )

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 )

@tmarie

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

My point was made!

2 ( +4 / -2 )

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 )

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?

Getting rid of the born within marriage or born out of marriage distinction altogether would seem to be practical.

After all the supreme court decided in 2013 that since society has "changed", an illegitimate child's inheritance is no longer half of a legitimate child's, as was the law before then.

2 ( +2 / -0 )

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 )

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

1 ( +8 / -7 )

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

1 ( +3 / -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 )

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 )

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

1 ( +2 / -1 )

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 )

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 )

I feel sorry for the kid in the photo who has to be paraded like that. Hope he is okay.

0 ( +0 / -0 )

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 )

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 )

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 )

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 )

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 )

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