Updated 3 February 2022 at 16:51 IST
Japan set to revise 19th century paternity law in existing Civil Code: Report
Japan is likely to revise a 19th-century law that automatically recognizes a woman's ex-husband as the father of a child born within 300 days of their divorce
A 19th-century law in Japan is likely to be reformed, which automatically recognises a woman's ex-husband as the father of a child born within 300 days of their divorce. As per a proposed amendment to the Civil Code, if a mother remarries then her new husband will be considered as the child's father. A government panel recommended amending the rule, as well as proposed to allow pregnant women to remarry without having to endure the waiting period of 100 days after getting divorced as required under current law, Free Malaysia Today (FMT) reported.
This would be the first time the relevant section in the Civil Code will be revised since 1898, when the Meiji Era began. According to the current Civil Code, a kid born 200 days after the mother's marriage is believed to be the child of her current husband, whereas a child born within 300 days of the mother's divorce is presumed to be the child of her former husband. This has put some women in a difficult position, the report stated.
Not being registered to 'koseki system' deprives one of nationality
Some remarried women have decided not to register the birth of their newborns to local governments, fearing their ex-husbands would be considered fathers. This means such babies do not get registered in their koseki (family registration), depriving them of their nationality. The koseki system dates back to the 6th century, and not being registered effectively deprives people of their nationality and makes establishing their identification for a number of official activities difficult.
Proposals call for granting mothers & children the option to deny paternity
The panel also proposed granting mothers and children the option to deny paternity, which is currently only available to fathers. As per proposals, lawsuits to reject paternity under this provision would be allowed to file up to three years instead of the existing one year. In addition, the advisory panel recommended that rules be added to foster respect for children as individuals in order to avoid child abuse. It has also been suggested that the term "discipline" be removed from the parental authority provision, the FMT reported. It is to be noted that the United Nations Committee on the Elimination of Discrimination Against Women has repeatedly criticised Japan's outdated law.
Image: AP/Pixabay/Representative
Published By : Anurag Roushan
Published On: 3 February 2022 at 16:51 IST