News On Japan

Court upholds male-only right to deny legal fatherhood

Aug 31, 2018 (Japan Today) - A high court upheld Thursday a lower court ruling that found constitutional a legal provision that allows only men to file lawsuits denying legal fatherhood, dismissing a damages suit filed by a family against the state.

The plaintiffs in the 2.2 million yen damages suit -- a woman in her 60s living in Kobe, her daughter in her 30s and her 8- and 4-year-old grandchildren -- argued the Civil Code provision only enabling men to deny legal fatherhood is discriminatory and unconstitutional.

According to the suit, the woman lived apart from her husband due to domestic violence and had a baby with a different man before their divorce was finalized. She opted not to notify authorities of the birth as under the Civil Code it would have been "presumed" that the husband was the father.

The lack of birth notification resulted in the daughter being unable to get legally married and the daughter's two children, who were also not listed on a family registry, did not receive notifications for school enrollment and public medical checkups.

Upholding the Kobe District Court's ruling in November, the Osaka High Court said the Civil Code provision is "beneficial to a child as it finalizes the father-child relationship at an early stage."

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.

The high court also urged the state to address the problem of people not listed on family registries, saying 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.

The daughter and her two children were able to get listed on a family registry in 2016 through special court procedures after the woman's former husband died. But the plaintiffs said the three could have avoided being unregistered if wives and children were allowed to rebut the presumed legitimacy under the Civil Code.

News On Japan
POPULAR NEWS

Japan's World Cup campaign begins on June 14 when the Samurai Blue face the Netherlands at Dallas Stadium in Texas, a clash that will showcase some of the game's most talented players and pit two ambitious teams against one another in a crucial Group F opener. While Japan arrives without injured winger Kaoru Mitoma, one of its most recognizable stars, the squad still boasts a wealth of talent drawn from Europe's top leagues.

The Japan Meteorological Agency (JMA) announced that an El Niño phenomenon is believed to have developed this spring, warning that Japan is likely to experience above-average temperatures nationwide this summer despite the climate pattern's traditional association with cooler summers.

Narita International Airport Corporation is expected to announce next month that it will apply to the national government for project certification as part of the process to enable compulsory land acquisition for the construction of a new runway at Narita Airport, according to sources familiar with the matter.

A fire broke out at Arima Inari Shrine near the Arima Onsen hot spring resort area in Kobe on the night of June 9th, destroying multiple buildings and leaving an elderly Shinto priest and his wife with minor injuries.

Japan's national soccer team arrived in Nashville, Tennessee, on June 8th from Monterrey, Mexico, where it had been conducting a pre-World Cup training camp, and held its first practice session at its base camp for the FIFA World Cup in North America.

MEDIA CHANNELS
         

MORE Society NEWS

A fire broke out at Arima Inari Shrine near the Arima Onsen hot spring resort area in Kobe on the night of June 9th, destroying multiple buildings and leaving an elderly Shinto priest and his wife with minor injuries.

Two men, including the head of the Japan Cycling Association, have been arrested by the Metropolitan Police Department on suspicion of defrauding two men in Kagoshima Prefecture out of 30 million yen by falsely promising a massive return on a purported patent-related investment.

A bear that had been repeatedly spotted in commercial and residential areas of Utsunomiya, Tochigi Prefecture, was captured in a residential neighborhood at around 3:30 p.m. on June 9th after authorities used a tranquilizer gun, but the city remains on alert because police say they cannot rule out the possibility that another bear may still be roaming the area.

Nara Prefectural Police have arrested seven people, including a 46-year-old Yokohama man who described himself as a "messenger of God," on suspicion of unlawfully confining a teenage boy entrusted to their care by his parents, allegedly threatening him, confiscating his belongings, and forcing him to sleep naked.

A man believed to be in his 50s or 60s was found dead with knives lodged in his left eye and abdomen inside a container at a company property in Kobe's Suma Ward on June 8th, prompting police to investigate the possibility of a criminal case.

The family of James "Weston" Higginbotham, a 20-year-old Auburn University student who disappeared during a family vacation in Japan, announced on June 7th that he has been found dead after a volunteer search-and-rescue team located his body in a mountainous area outside Kyoto, bringing a week-long multinational search to a tragic end.

A clinic director and a former Peruvian staff member have been referred to prosecutors after the man allegedly performed medical procedures without a license, including an external cephalic version—a procedure used to manually turn a baby into the correct position before birth—at an obstetrics and gynecology clinic in Fukuoka City, raising concerns about patient safety and oversight in maternity care.

A 14-year-old junior high school girl was arrested on suspicion of robbery resulting in injury after allegedly spraying a woman in her 60s in the face and stealing her wallet during a robbery attempt in Kasukabe, Saitama Prefecture.