Contents
Case1
Not married non-Japanese lady gives a birth to a Japanese child. What does her visa status correspond to?
case 2
Non Japanese lady two-timing Japanese and non-Japanese boy doesn’t know who’s baby is blessed with in her stomach. Her child’s nationality is Japanese? or else?
Who is new born baby’s father?
If you are in a situation corresponding to one of two cases above, the first thing you have to pay attention to is who becomes a father of your newborn baby.
Specifying your baby’s father connects to solving the problems of baby’s visa status and yours and baby’s nationality. As referring to legal case, let’s see the requirements that your partner becomes a father of your baby.
According to Civil Law Act, article 772 “Presumption of Child in Wedlock”,
“A child conceived by a wife during marriage shall be presumed to be a child of her husband”
“A child born after 200 days from the formation of marriage or with in 300 days of the day of the dissolution or rescission of marriage stage resumed to have been conceived during marriage.”
In short, if a wife gets pregnant during marriage, even if a child is recognized as the one born between a wife and her lover, a child’s father is presumed to be your husband.
If a wife get married with her husband after detecting a wife’s pregnancy like marriage due to unintended pregnancy, a child born after 200 days from the formation of marriage, a child shall acquire the status of a child in wedlock so that a child’s father shall be a husband.
If a wife wants to insist that a child’s father is not a husband, a wife shall bring a suit for an “action to rebut presumption of legitimacy” and the relation between a child and a husband needs to be denied, except for the situation a wife and a husband live apart or a husband is missing.
By the way, a child born within 200 days from the formation of marriage cannot be applied to “presumption of child in wedlock”. So if a wife wants to deny the relation between a child and a husband, a wife brings a suite for “non-existance of the parenthood confirmation“
What if a wife give a birth to a baby without marriage?
If a wife gives a birth to a baby, who becomes child’s father? According to Article 783 of the Civil Code, “a father can recognize a baby as his child even a baby is still in mother’s tummy. In this case, a father needs to receive a mother’s acceptance”.
In short, a father can recognize a baby who is not born yet as his a child if he has a acceptance from a mother and a baby is born as a father’s child
Let’s think about two cases based on the above legal statements
Case1
Not married non-Japanese lady gives a birth to a Japanese child. What does her visa status correspond to?
If a non-Japanese wife’s pregnancy is detected and a wife get married with Japanese husband and give a birth to a baby, baby can acquire Japanese nationality and non Japanese wife can also acquire visa status “Spouse or Child of Japanese National”.
On the other hand, in case that a non-Japanese lady gives a birth to a baby during being unmarried with a Japanese man for some reasons, if you get a certificate of Affiliation of unborn child, a lady’s child can acquire Japanese nationality and a lady can get visa status of “permanent” as a mother who supports her a Japanese child.
In case that a lady is not married and doesn’t get a certificate of affiliation of an unborn child, if a lady has Japanese working visa, visa status of a child becomes “dependent”, and if a lady has permanent visa, visa status of a child becomes “Spouse of Child of Permanent Resident”. So child’s visa status highly depends on the present visa status of mother’s.
Case 2
Non Japanese lady two-timing Japanese and non-Japanese boy doesn’t know who’s baby is blessed with in her stomach. Her child’s nationality is Japanese? or else?
The story is going to be different depending on which man a lady will select to get married with. If a lady gets married with a Japanese man, the situation is pretty similar to case 1 but if a lady gets married with a non-Japanese guy, a visa status of a child becomes “dependent”
Moreover, if giving a birth without marriage and accepting affiliation of newborn baby from non-Japanese man, visa status of a child has possibility to change significantly depending on the visa status of lady’s and the necessity of bringing up child in Japan.
Thanks to remarkable scientific development, it is relatively easy to detect a child’s parents by DNA testing. However, the supreme court takes its stance that every cases needs to be applied to Article 772 of Civil Law Act so it is possible to meet the case that legal parent-child relationship is different from biological parent-child relationship.
Thanks to remarkable scientific development, it is relatively easy to detect a child’s parents by DNA testing. However, the supreme court takes its stance that every cases needs to be applied to Article 772 of Civil Law Act so it is possible to meet the case that legal parent-child relationship is different from biological parent-child relationship.