Japan mulls scraping 100-day remarriage ban

Feb 15, 2022 | News On Japan

Feb 15, 2022 (bangkokpost.com) - A Japanese government panel on Monday recommended abolishing the current 100-day remarriage ban for women after a divorce, in line with scrapping a century-old Civil Code provision that determines legal paternity.

Under existing law, only women face a 100-day waiting time to remarry after divorce. Critics have been seeking a review of what they say are outdated and discriminatory rules on remarriage and legal paternity.

Following the recommendation of the Justice Ministry's Legislative Council to Justice Minister Yoshihisa Furukawa, the government now aims to pass the proposed landmark changes to the 1898 Civil Code possibly sometime in fiscal 2022, ending in March next year.

The Civil Code states that a child born within 300 days after the mother's divorce will be presumed as the child of her former husband, while a baby born within 200 days of marriage will be presumed as the child of the current husband.

This provision had been in place to protect the child's welfare by swiftly determining the child's legal father.

While the provision on legal paternity referring to "within 300 days of divorce" will remain intact, the panel's proposed changes would give an exemption to cases in which a woman has remarried at the time she gives birth. In such cases, her child would be recognised as the child of her current husband.

Under the existing provision, the claims for legal paternity by the former and current husband would overlap if the woman remarries shortly after divorce and gives birth after 201 days or up to 300 days.

Source: 日テレNEWS

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