Even if an overseas Nikkei individual confirms a biological relationship with a Japanese man through DNA testing or other means, this does not necessarily mean that Japanese nationality or inheritance rights will automatically be recognized.
In particular, when a child is born out of wedlock to a Japanese father and a foreign mother, it is necessary to distinguish between a biological father-child relationship and a legal father-child relationship under Japanese law.
Under Japanese law, in the case of a child born to parents who are not married to each other, even if a biological father-child relationship is proven by DNA testing, this alone does not automatically establish a legal father-child relationship.
Where a child is born out of wedlock to a Japanese father and a foreign mother, if the father has not legally acknowledged the child, then, in principle, no legal father-child relationship is deemed to exist under Japanese law.
Whether legal acknowledgment of paternity has been made is an important issue that can affect Japanese nationality and inheritance rights, and may have a significant impact on a person’s life.
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What Is Legal Acknowledgment of Paternity?
Legal acknowledgment of paternity is a procedure by which a father legally recognizes a child born to parents who are not married to each other as his own child.
Article 779 of the Civil Code of Japan provides that a child born out of wedlock may be acknowledged by the father or the mother. Once acknowledgment is made, its effect is deemed to retroactively arise from the time of the child’s birth.
In other words, a legal father-child relationship is established only when legal acknowledgment of paternity has been made.
Issues That Arise When There Is No Legal Acknowledgment
If the father has not legally acknowledged the child, the child may be the biological child of a Japanese father, but the legal father-child relationship has not been confirmed.
As a result, this may affect important legal rights and status.
The first issue is the acquisition of Japanese nationality. Under the current Nationality Act of Japan, a child generally acquires Japanese nationality at birth if either the father or the mother is a Japanese national at the time of birth. However, in the case of a child born out of wedlock to a Japanese father and a foreign mother, if the child was acknowledged by the Japanese father before birth, the child may acquire Japanese nationality at birth. By contrast, if the child is acknowledged only after birth, the child generally does not acquire Japanese nationality at birth because there was no legal father-child relationship at the time of birth.
However, a child who is acknowledged by a Japanese father after birth may be able to acquire Japanese nationality by filing a notification with the Minister of Justice, provided that certain requirements are met. Under the current Article 3 of the Nationality Act, the requirements include that the acknowledged child is under 18 years of age and that the father or mother who acknowledged the child was a Japanese national at the time of the child’s birth.
The second issue is inheritance. Under the Civil Code, a child of the deceased becomes an heir. However, for a child born out of wedlock to become an heir of the father, a legal parent-child relationship with the father is generally required. Once legal acknowledgment is made, the legal parent-child relationship arises retroactively from the time of birth, and this may affect inheritance rights.
Therefore, even where a father-child relationship can be confirmed by DNA testing, it is extremely important to confirm whether legal acknowledgment has been made in the family register or under applicable legal procedures.
Procedures When the Father Does Not Voluntarily Acknowledge the Child
Even if the father does not voluntarily acknowledge the child, the child or other eligible persons may use procedures before the Family Court.
Where a father does not acknowledge a child born to parents who are not married to each other, the child or other eligible persons may file for family court mediation for acknowledgment of paternity against the father. If an agreement is reached in the mediation regarding the father-child relationship, and the Family Court finds the agreement appropriate, the court will issue a ruling in accordance with that agreement.
If the matter cannot be resolved through mediation, it is possible to file a lawsuit for acknowledgment of paternity and have the father-child relationship established by judgment. Article 787 of the Civil Code provides that the child, the child’s lineal descendant, or the legal representative of either of them may file an action for acknowledgment. However, as a general rule, such an action may not be filed once three years have passed from the date of the father’s or mother’s death.
DNA testing can serve as important evidence to prove the father-child relationship in family court mediation or litigation for acknowledgment of paternity. However, the result of DNA testing alone does not automatically establish a father-child relationship in the Japanese family register. Ultimately, it is necessary to legally establish the father-child relationship through an acknowledgment notification, Family Court procedures, a court judgment, or other appropriate legal means.