Japan OKs changes to system for recognizing paternity after divorce

Can’t see how this won’t make things worse?

The courts interpretation will be the test, but then what the courts ruling is at the end at the LDPs discretion.

Why do they define fatherhood by marriage? I guess it's too much paperwork if the father isn't on the family register.

300 days is an awfully short time for a young mom to find a new husband...

Classic TIJ.

Unnecessarily overcomplicating things.

Scrap these ancient time wasting 'committee created' rules. Want to prove paternity. Take a DNA test and find out within a few days. Simple and clear.

Under the amendment, which will take effect within 18 months of its promulgation and apply to all children born after, the former husband would only be regarded as the father within the 300-day period if the woman has not remarried at the time of the child's birth.

This is still ridiculous. Parentage is not determined by marriage.

If the woman has a baby shorty after divorce but doesn't marry the father, then the baby is still treated as the child of her former husband, even if her former husband is not the father?

Does that mean that the former husband is on the hook for child support or other parental responsibilities even if the child is not actually his?

And neither the man nor the woman can move on from the former relationship, due to "sharing" this child?

Talk about Japan taking baby steps towards gender equality ...

Fair, but controversial.

Women in MOST cases know who the father is, unless they have multiple partners !!! then we roll the dice.

Too complicated.

Make the biological father pay for the child welfare with visiting rights. Simple.

Under the amendment, which will take effect within 18 months of its promulgation and apply to all children born after, the former husband would only be regarded as the father within the 300-day period if the woman has not remarried at the time of the child's birth.

So, if the woman, gets pregnant by another man, but doesnt marry him, the "former husband" will be regarded as the father, even though he isnt.

Never understand why DNA testing isnt accepted in these cases. The cops use DNA as evidence in crimminal trials, but for paternity or maternity cases, DNA testing isnt acceptable.

So, if the woman, gets pregnant by another man, but doesnt marry him, the "former husband" will be regarded as the father, even though he isnt.

It's a step up from the current situation, where the former husband is registered as the father, regardless.

a rule, long considered discriminatory, that bans women from remarrying within 100 days of a divorce.

The reason this 100 day rule existed was because of another rule which states that any child born within 200 days of marriage is presumed to be that of the husband. The 100 day ban on remarriage was intended to bridge the gap between this 200 day marriage rule (where a new husband would be on the hook) and the 300 day divorce rule (where the ex-husband would be on the hook). Has this 200 day rule also been repealed?

@girl_in_tokyo

Talk about Japan taking baby steps towards gender equality ...

It's not a gender equality issue. It's a children's equality issue. The justification for all of these rules is the idea that every child has the right to draw on the resources of two adults who are legally and financially responsible for their care, giving them the best possible start in life. Ideally, they are both willing biological parents but in exceptional cases the rights of the child will take priority over others.

It is so weird that the paternity is decided upon by marriage.....It makes absolutely no sense whatsoever.

Once again, Japan leading the world in nonsensical bs.

It is so weird that the paternity is decided upon by marriage.....It makes absolutely no sense whatsoever.

Once again, Japan leading the world in nonsensical bs

Yeah, in theory, I can impregnate scores of women including single, divorced, separated, or unfaithful without any consequences. I could become a serial impregnator!

It seems like old Japanese men who are more likely to have affairs with young women are placing all of the responsibility on the women.

Are there some more LDP scandals coming down the pipeline? Are their wives complaining about having to share the oyagi's income with another family? Is someone worried about their inheritance? Are those old men going to start using condoms? Or, are they going to force women to take birth control.

It seems like more complicated rules to benefit the LDP, their cronies, and their buddies!

Does it not take two to Tango?

Slowly, painfully the Japanese legal system is getting modernized, maybe in a couple more decades it will reach the point the rest of the developed world is right now.

I was hoping to read

Japan OKs changes to system for recognizing shared parenting after divorce.

If a woman fall pregnant inside a marriage by another man then the husband is registered as the father?

I was hoping to read

Japan OKs changes to system for recognizing shared parenting after divorce.

Same here. Like, is this even a huge problem in Japan? Is there really an abundance of women getting pregnant, filing for divorce, and remarrying right away? I suppose there could be, but last time I checked there were hundreds, if not thousands of biological fathers that are unable to co-parent and want to.

Marriage has nothing to do about sex, especially in Japan as we all know.

First, it shall be on the man's right to acknowledge or not the baby, with DNA test allowed whenever if one day he felt cheated.

Women should have all rights to remarry and have babies whenever they wish.

Not surprised that marriage number falls with years in Japan.

@gogogo

If a woman fall pregnant inside a marriage by another man then the husband is registered as the father?

Yes.

Or, to be precise, the husband is legally presumed to be the father. He can try to rebut this presumption of paternity by going to court within 1 year of learning of the child's birth.

Article 772(1) A child conceived by a wife during marriage shall be presumed to be a child of her husband.

https://www.japaneselawtranslation.go.jp/en/laws/view/2252/en

In Japan you can legally marry your own cousin also. Catch my drift ?

Just because they can, doesnt mean they do, particularly in today's world.

Why attach the pregnancy to a marriage at all? they are two separate things.

Good job, Japan. You're finally into the 20th century...

This reminds me of when they reduced the number of trains an hour to reduce the number of people per train, to fight COVID. Politicians in zero touch with reality.

Why attach the pregnancy to a marriage at all? they are two separate things.

Because it makes sense, and more importantly it would mean that the government, meaning courts, and by extension, police and prosecutors, would have to accept DNA as proof of paternity/maternity.

Classic TIJ.

Unnecessarily overcomplicating things.

intricate part of Japanese culture.

Scrap these ancient time wasting 'committee created' rules. Want to prove paternity. Take a DNA test and find out within a few days.

agree.

Simple and clear.

To which runs positively counter to Japanese culture.

Once again, Japan leading the world in nonsensical bs.

Yup!

Slowly, painfully the Japanese legal system is getting modernized, maybe in a couple more decades it will reach the point the rest of the developed world is right now.

That's a big maybe...

I wish Japan would focus on recognizing paternity and giving Father's rights to their children after divorce. :(