Hello! In this article, we will explain the nationality and residence status of a child born to a foreign woman living in Japan and a Japanese man, focusing on cases where the couple is not legally married but living in a de facto relationship.

 

This blog post in Japanese　　国際結婚　事実婚で妊娠した場合のこどもの国籍

 

 

Legal Marriage and Child’s Nationality

Under Article 2 of the Nationality Law, a child is granted Japanese nationality at birth if either the father or mother is a Japanese citizen.

 

Under Article 2 of the Nationality Law, a child acquires Japanese nationality at birth if either the father or mother is a Japanese national.

 

Acquisition of nationality by birth:
Article 2: A child shall acquire Japanese nationality if:
1. The father or mother is a Japanese national at the time of birth;
2. The father who died prior to the birth was a Japanese national at the time of death;
3. Both parents are unknown or have no nationality, and the child is born in Japan.

 

To obtain Japanese nationality, a birth notification must be submitted to the city hall within 14 days of the child’s birth. Since the child will acquire Japanese nationality, no additional visa procedures are necessary.

 

Required Documents for Birth Notification

While requirements can vary by city, the basic documents needed are:

• Birth notification form (with the birth certificate filled out by the doctor or midwife)
• Original birth certificate
• Mother-child health handbook
• Identification of the notifier (driver’s license, etc.)

 

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De Facto Marriage and Child’s Nationality

A de facto marriage refers to a couple living together as husband and wife without legally registering their marriage. In such cases, for the child to acquire Japanese nationality, the father must acknowledge paternity. This acknowledgment (ninchi) legally recognizes the child as his own and establishes a legal parent-child relationship between the child and the father, even without a legal marriage. Once the acknowledgment is accepted by the city hall, the child can acquire Japanese nationality.

 

Differences in Acknowledgment Timing

 

 

There are two key timings for acknowledgment: before birth (fetal acknowledgment) and after birth. It is important to understand that the procedures differ depending on the timing of the acknowledgment of paternity.

 

1. Fetal Acknowledgment

Fetal acknowledgment occurs when the father acknowledges the child before birth. According to Article 2 of the Nationality Law, “at the time of birth, if either parent is a Japanese national,” it is not limited to parents in a legal marriage. Therefore, even in cases of de facto marriages, if fetal acknowledgment is done, the child can acquire Japanese nationality at birth. In other words, with fetal acknowledgment, the child can obtain Japanese nationality through the birth notification process. In this case, since the child acquires Japanese nationality, no visa procedures are necessary.

 

2. Post-Birth Acknowledgment

Post-birth acknowledgment occurs when the father acknowledges the child after birth. Even after birth, under Article 3 of the Nationality Law, the child can acquire Japanese nationality through acknowledgment.

 

Acquisition of nationality by acknowledgment:
Article 3: A minor child under the age of 18 (excluding those who were previously Japanese nationals) who is acknowledged by a Japanese parent can acquire Japanese nationality by filing a notification with the Minister of Justice, provided the parent was a Japanese national at the time of the child’s birth or at the time of the parent’s death.

 

In the case of post-birth acknowledgment, the child’s nationality will initially be the same as the mother’s nationality. Since the child will be considered a foreign national, it will be necessary to complete the nationality acquisition procedures at the Legal Affairs Bureau that has jurisdiction over the child’s residence. Once acknowledgment is received and the nationality acquisition procedures are completed, the child can obtain Japanese nationality. If the acknowledgment is delayed, the period until the child acquires Japanese nationality will be extended, and the procedures will become more complex.

Early acknowledgment simplifies the process significantly.

 

3. Compulsory Acknowledgment

When a Japanese father refuses to acknowledge his child, the mother or legal guardian can seek legal intervention through the court (acknowledgment mediation or acknowledgment lawsuit) to compel the father to recognize the child. This process is known as compulsory acknowledgment.

To establish the parent-child relationship, the court typically orders a DNA test. Based on the DNA test results, the court determines whether a parent-child relationship exists. If the court rules in favor of the acknowledgment, the relationship is legally established. Within ten days from the date of the court’s final decision (either a mediation settlement or a court judgment), the petitioner must obtain a copy of the mediation record or the judgment, along with the certificate of the finality of the court decision. These documents, along with the acknowledgment report, must be submitted to the local government office to officially register the acknowledgment.

Once acknowledged, the child can proceed with obtaining Japanese nationality.

 

4. Posthumous Acknowledgment

It is possible to have a child acknowledged by their father even after the father’s death. Since the father cannot acknowledge the child himself, the child or their legal representative (in the case of a minor) must file a lawsuit. The period during which a posthumous acknowledgment lawsuit can be filed is within three years of the father’s death. Once a favorable judgment is finalized in a posthumous acknowledgment lawsuit, the legal parent-child relationship between the deceased father and the non-marital child is established. This relationship is retroactively effective from the time of the child’s birth. Additionally, rights such as inheritance and claims for support will arise.

 

 

Required Documents for Acknowledgment

• Acknowledgment form
• Identification of the person making the acknowledgment (driver’s license, passport, etc.)
• Consent form from the child if the child is of legal age
• Consent form from the mother if acknowledging a fetus
• Copy of the judgment or ruling and certificate of finality (in case of court acknowledgment)

 

As the required documents may vary depending on the timing and circumstances of the acknowledgment, it is advisable to confirm with the relevant city hall in advance.

 

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Conclusion

When a foreign woman living in Japan is expecting a child with a Japanese man, several key procedures are essential for the child to obtain Japanese nationality, especially in cases of de facto marriages. Fetal acknowledgment allows the child to acquire Japanese nationality at birth, while post-birth acknowledgment also enables nationality acquisition through appropriate legal processes. Early acknowledgment ensures smoother procedures. For detailed guidance, consulting with the city hall or legal experts and preparing the necessary documents is crucial.