2003 JAPAN LAW: MIXED NATIONALITY FAMILIES.
Keywords: Nationality, Immigration Law, Family Law, Family Register, Child
Support, Foreigners
Copyright 2004. All rights reserved Attorney Roderick H. Seeman
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It is extremely important in Japan that a child’s name is registered in the
family register. Certainly having such a registration would help when one
of the parents is not a Japanese national. Yet many Japanese who have children
with a foreign national adopt the strategy that refusing such a registration
will help to solve a problem because the child will usually have to leave
the country with the foreign parent, usually the mother. In this day and
age, technologically it is certainly possible to determine parentage. And
although courts will often order financial support, usually minimal, it is
very difficult to get the police to enforce the judgment if they refuse to
pay. The courts appear to be powerless or extremely unwilling, to force the
parent to register the child in the family register.
Although this does not quite qualify as a case of mixed nationality, one
Japanese couple is certainly facing a modern day dilemma. They are the parents
to young twins. However, in reality they went to a fertility clinic in California
where they obtained the egg of an Asian-American and implanted it in another
American woman who was the surrogate mother. The husband’s sperm was used
to fertilize the egg. The twins received California birth certificates and
presently have US citizenship, but are living in Japan with their “parents”
who took the birth certificates to the Japanese consulate for registration.
The consulate refused to accept the application (in the US they reject an
application, but in Japan they refuse to accept an application). The consulate
cited regulations that such registrations by women over 50 years of age,
as in this case, needed to be confirmed. So they were verifying with the
Ministry of Justice. The Ministry of Justice said that they could not accept
such birth registrations where it was not the Japanese women who had given
birth. They recommended that the couple adopt the children and have them
become naturalized citizens.