In a historic case, Japan's Supreme Court has ruled that DNA tests are not sufficient to invalidate familial paternal relations, even if the results from the test show no signs of blood relation to the assumed father.
The ruling means that under the Japanese Civil Code, DNA tests cannot change the status of a child who is considered the legitimate offspring of a married couple.
The court ruling, handed down on Thursday, said that it was paramount to protect the social status of the child, Sankei Shimbun reported. Even if DNA testing shows that the child has no blood relationship to his familial father, the paternal status of the father cannot be revoked.
The court made the ruling after deliberating on three cases. In two cases, two married women became pregnant after having extramarital relationships. In the third case, a married man asked the court to invalidate his paternal relationship with two of his children after DNA tests established they were not his offspring. His appeal was rejected by the Supreme Court, Sankei reported.
The court ruling therefore means that children are legally recognized to be the offspring of their mothers' husbands, and not their biological fathers.© Japan Today