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Family Registration Law of Japan

FAMILY REGISTRATION LAW OF JAPAN: Unofficial Translation of Selected Excerpts 

 

Chapter 1. General Provisions

Management of family register affairs

Article 1. 1. The affairs concerning the family register shall be managed by the mayor of a city, town, or village.

2. The affairs under the preceding paragraph shall be the affairs under legal requisition number 1 prescribed by Article 2 paragraph 9 item (1) of Local Autonomy Law (Law No. 67 of 1947).

Exclusion of person managing family register affairs

Article 2. No mayor of a city, town or village may perform the functions with respect to any family registration relating to himself, the spouse, lineal ascendant or lineal descendant thereof.

Supervision of family register affairs

Article 3. The Minister of Finance shall, in respect of the conduct of family registration affairs by the mayor of city, town, or village, provide for the standard to be relied on.

2.  The director of the Legal Affairs Bureau or the District Legal Affairs Bureau which has jurisdiction over the seat of an office of city, town, or village shall, when it is recognized to be necessary for management of family registration affairs, ask the mayor of a city, town or village for reports or advice. In this case, he/she may indicate to him/her when it is recognized to be specially necessary to obtain proper management of family registration affairs.

3. With respect to registration affairs, the provisions of Article 245-4, Article 245-7 paragraph 2 item (i), paragraph 3, and paragraph 4, Article 245-8 paragraph 12 and paragraph 13 as well as Article 245-9 paragraph 2 item (i), paragraph 3 and paragraph 4 of Local Autonomy Law shall not apply.

Exceptions in case of ward, special city, etc.

Article 4. In respect of areas which constitute the wards of the Metropolis, the provisions of this Law relating to a city, city mayor and city office shall apply mutatis mutandis to a ward, ward headman, and ward office respectively. The same shall also apply to the designated cities mentioned in Article 252-19 paragraph 1 of the Local Autonomy Law.

Article 5.  Deleted.

Chapter 2: Family Register

Establishment of family register

Article 6. A family register shall be established for each husband and wife who have their registered locality within the district of a city, town, or village and for each child who has the same surname as they have. Provided that, if a family-register is newly established for a person who is married to a non-Japanese national (hereinafter referred to as a ¡°foreign national¡±) or person who has no spouse, it shall be established for each such person and each child thereof who has the same surname as such person has. 

Family register book

Article 7. Family registers shall be bound together and compiled into books.

Original and duplicate of family register

Article 8.  1. Every family register shall be established in duplicate, the original and the copy thereof.

2. The original shall be kept in an office of the city, town, or village, and the copy shall be preserved in a competent Legal Affairs Bureau, District Legal Affairs Bureau or its branch bureau.

Identification of family register

Article 9. A family register shall be identified by the full name and registered locality of the person who appears first in the family register. The same shall also apply after such person has been struck off a family register.

Article 10. 1. Any person may request a copy or abstract from a family register, or a certificate concerning the matters stated in a family register.

2. The request under the preceding paragraph shall, except in cases prescribed by the Ministry of Justice, be made by explaining the reason.

3. The mayor of a city, town or village may, if it is clear that a request under paragraph 1 is made for an unjust purpose, refuse it.

4. Any person who makes a request under paragraph 1 may apply for delivery of a copy, abstract or certificate under said paragraph by mail or otherwise by the method prescribed by the Ministry of Justice Ordinance.

Remanufacture or complement of registration book of family

Article 11. If a registration book of family or any part thereof has been destroyed or is believed to be destroyed, the Minister of Justice shall direct such disposition as deemed necessary for its remanufacture or complement. In this case, where it has been destroyed, a public notice to that effect shall be given.

Remanufacture of family register

Article 11-2.  1. With respect to a false notice, etc. (meaning a notice, report, application, demand or commission, a copy of a document or log-book, or a judicial decision; hereinafter the same in this paragraph) or a notice by mistake, etc., or a family register which has made entry of such a past mistake by the mayor of a city, town or village, further made a correction entry of such family register under the provisions of Article 24 paragraph 2, Article 113, Article 114 or Article 116, when a demand for remanufacture of  a family register is given by a person appearing in the said family register, which the matters concerning the said correction are not made appeared, the Minister of Justice shall direct such disposition as deemed necessary for its remanufacture. However, this shall not apply if the family register has become of any mistake or omission is made in such statement through remanufacture.

2. With respect to a family register which was made the rectification of the statement, addition or deletion when the mayor of city, town or village described, when a demand to remanufacture of family register is given from a person appearing in the said family register, which the matters concerning the said correction, addition or deletion are not made appeared, the same shall apply as the main sentence of the preceding paragraph.

Struck-off registration book of family

Article 12.  1. If all the constituent members of a family have been struck off the family register, such family register shall be detached from the registration book of family to be bound together and to be kept as a struck-off registration book of family.

2. The provisions of Article 9, Article 11 and the preceding Article shall apply mutatis mutandis with respect to a struck-off registration book of family and a family register detached from a registration book of family.

Request for copy, etc. of struck-off registration book of family

Article 12-2.  1. A person entered in the struck-off family register or such person's spouse, direct ancestor, or lineal descendant may request delivery of a copy or an abstract of the struck-off family register, or a certificate concerning the matters entered in the struck-off family register. The same shall also apply to an official of the State or local public entities, lawyer and other person as prescribed by the Ministry of Justice Ordinance.

2. Any person other than those provided for in the preceding paragraph may make a request under said paragraph only when necessary for certifying inheritance relation and in the cases prescribed by the Ministry of Justice Ordinance.

3. The provisions of Article 10 paragraph 4 shall apply mutatis mutandis when a request under paragraph 1 is made.

Chapter 3: Registration in Family Register

Particulars to be stated

Article 13.  A family register shall, for each person in the same family, state therein the following particulars in addition to the registered locality:

       (1)   The full name;

(2)   The date of birth;

       (3)   The cause for which a person is entered in the family register and the date of the entrance; 

(4)   The full names of a person¡¯s natural parents and his personal relationship with the natural parents; 

(5)   If a person is an adopted child, the full names of its adoptive parents and its personal relationship with the adoptive parents; 

(6)   In respect of husband and wife, statement of a husband or wife; 

(7)   In respect of a person who has entered in the family register from another one, the indication of the latter¡¯s family register; 

(8)   Other matters prescribed by Ministry of Justice Ordinance. 

Statement order of full names 

Article 14. 1. The statement of the full names shall be made in the following order: 

(1)   If a husband and wife assume the surname of the husband, the husband; if they assume the surname of the wife, the wife;

(2)   The spouse; 

(3)   The children. 

2. Between children, the priority shall be given by the order of their birth. 

3. With respect to a person for whom the cause to be entered in a family register occurred after it was established, the entry shall be placed at the end of the family register. 

Entry procedure in family register 

Article 15.  Any entry in a family register shall be made upon a notice, report, application, demand or commission, a copy of a document or log-book, or a judicial decision. 

Marriage 

Article 16.  1. If a notice of marriage is given, a new family register shall be established for a husband and wife. Provided that, this shall not apply if, in the case of a husband and wife assuming the surname of the husband, the husband is a person appearing first in a family register or if, in the case of a husband and wife assuming the surname of the wife, the wife is a person appearing first in a family register. 

2. In the case mentioned in the proviso to the preceding paragraph, a wife assuming the surname of her husband shall be entered in the family register of the husband, and a husband assuming the surname of the wife shall be entered in the family register of the wife. 

3. If a notice of marriage between a Japanese national and a foreign national is given, a new family register shall be established for the Japanese national. Provided that, this shall not apply if the Japanese national is a person appearing first in a family register. 

Child of person other than person appearing first in family register 

Article 17.  If any person other than a person appearing first in a family register and a spouse thereof have a child or an adoptive child assuming the same surname as the said person, a new family register shall be established for such person. 

Register of child, adoptive child 

Article 18.  1. A child who assumes the surname of its father and mother shall be entered in the family register of the father and mother. 

2. Except in the case mentioned in the preceding paragraph, a child who assumes the surname of its father shall be entered in the family register of the father, and a child who assumes the surname of its mother shall be entered in the family register of the mother.

3. An adoptive child shall be entered in the family register of the adoptive parents. 

Register of person resuming former surname by reason of divorce, etc.

Article 19.  1.  If a person who has changed his or her surname by marriage or adoption resumes the surname that the person assumed before marriage or adoption, by reason of divorce, dissolution of an adoptive relation, or annulment of marriage or adoption, such person shall be entered in the family register in which such person was registered before marriage or adoption. Provided that if the family register has already been removed or if such person declares his or her intention to have a new family register established, a new family register shall be established. 

2. The provisions of the preceding paragraph shall apply mutatis mutandis in cases where the surname assumed before marriage is resumed in accordance with the provisions of Article 751 paragraph 1 of the Civil Code and where the former surname is resumed in accordance with the provisions of Article 791 paragraph 4 of the Civil Code. 

3. In the case where it is notified that the surname assumed at the time of divorce or annulment of marriage, or dissolution of an adoptive relation or adoption is assumed in accordance with the provisions of Article 767 paragraph 2 of the Civil Code (including the cases applied mutatis mutandis in Article 749 and Article 771 of the said Code) or Article 816 paragraph 2 of the said Code (including the cases applied mutatis mutandis in Article 808 paragraph 2 of the said Code), if a family register in which a person giving such notice appears first is not made up or if there is any other person entered in a family register in which the person appears first, a new family register shall be made up for the person giving such notice. 

Article 20 If a person who is to be entered in another family register in accordance with the provisions of the preceding two Articles has a spouse, a new family register shall be established for such husband and wife, notwithstanding the provisions of the preceding two Articles. 

Establishing new family register due to change of surname

Article 20-2   1. If, in a case in which notice is given that a surname has been changed in accordance with the provisions of Article 107 paragraph 2 or paragraph 3, there is any other person entered in the family register of a person giving such notice, a new family register shall be established for the person giving such notice. 

2. If notice is given that a surname has been changed in accordance with the provision of Article 107 paragraph 1 as applied mutatis mutandis in paragraph 4 of the said Article, a new family register shall be established for the person to whom such matter occurred. 

Establishing new family register by notice of special adoption 

Article 20-3  1. If a notice of adoption is given in accordance with the provision of Article 68-2, a new family register shall be established for an adoptive child first. Provided that, this shall not apply if an adoptive child is entered in a family register of its adoptive parents. 

2. The provisions of Article 14 paragraph 3 shall apply mutatis mutandis in the case of the proviso to the preceding paragraph. 

Separation from present family register 

Article 21. 1. A person who has attained majority may separate from the present family register. Provided that, this shall not apply to a person who appears first in the family register and such person¡¯s spouse. 

2. If a notice of separation from the present family register is given, a new family register shall be established. 

Person having no family register

Article 22. If a new entry in a family register is required to be made for a person who is not entered in a family register, a new family register shall be established for the person, excepting a person who is to be entered in the family register of his father or mother.

Removal from former family register 

Article 23. A person for whom a new family register is established or who is entered in another family register in accordance with the provisions of Articles 16 through 21 shall be removed from the former family register. The same shall also apply to a person who has died, against whom a judicial declaration of disappearance has been made, or who has lost Japanese nationality. 

Rectification of family register

Article 24. 1. Upon finding that any statement in a family register is legally impermissible or any mistake or omission is made in such statement, the mayor of a city, town or village shall, without delay, give notice to that effect to the notice-giver or the person to whom the notifiable matter occurred. Provided that, this shall not apply if such mistake or omission has been caused through the negligence of the mayor of a city, town or village. 

2. If the notice under the preceding paragraph is unable to be given or if no person applies for rectification of the statement in a family register even though such notice has been given, the mayor of a city, town or village may, with the leave of the chief of the competent Legal Affairs Bureau or District Legal Affairs Bureau, rectify the statement. The same shall also apply in a case under the proviso to the preceding paragraph. 

3. A court or any other governmental authority, a public procurator, or any other governmental official, who has come to know in the performance of his duties that any statement in a family register is legally impermissible or any mistake or omission is made in such statement, shall without delay, give notice to that effect to the mayor of the city, town or village which is the registered locality of the person to whom the notifiable matter occurred.

Chapter 4: Notices

District of Notice 

Article 25.  1. A notice shall be given in the district of the registered locality of the person to whom a notifiable matter occurred or the district of the notice-giver¡¯s residence. 

2. A notice concerning a foreign national shall be given in the district of the notice-giver¡¯s residence. 

Cases where registered locality became known after notice 

Article 26.  In cases where a notice is received with respect to a person whose registered locality had been unknown or who had not yet been registered anywhere and thereafter the registered locality of such person has become known or such person has been registered in a family register, the notice-giver or the person to whom the notifiable matter occurred shall, within ten days of his becoming aware of such fact, give notice to that effect to the mayor of the city, town or village who had accepted the aforesaid notice, indicating the matter formerly notified. 

Method of notice 

Article 27.  Any notice may be given either in writing or orally. 

Form of notice 

Article 28.  1. The Minister of Justice may, having regard to the nature of a matter, fix the form of a notice. 

2. In the case mentioned in the preceding paragraph, a notice of such matter shall be given in accordance with the form. Provided that this shall not apply in cases where there exists any reason for which noncompliance with the form is rendered imperative. 

Particulars to be stated in notice 

Article 29.  Any written notice shall be signed and sealed by the notice-giver and the following particulars shall be stated therein: 

(1)   The notifiable matters; 

(2)   The date of the notice; 

(3)   The date of birth and the residence of the notice-giver as well as the indication of the family register in which he is registered; 

(4)   If a notice-giver is not the person to whom the notifiable matter occurred, the full name, date of birth, and residence of the person to whom the notifiable matter occurred, the indication of the family register in which such person is registered and the qualification of the notice-giver. 

Article 30.  1. By reason of the matter notified, if the notice-giver or the person to whom such matter occurred is to be entered in another family register, the indication of the family register shall be stated in the notice; if such person is to be struck off the former family register, the indication of the former family register shall be stated therein, and if a new family register is to be made up for such person, the statement to that effect, the cause for making up a new family register, and a new registered locality of such person shall be stated therein. 

2. If, by reason of the matter notified, any other person than a notice-giver or person to whom such matter occurred is to be entered in another family register or a new family register is to be made up for such person, the notice shall state therein the particulars mentioned in the preceding paragraph according to differentiation being made by whether such person is to be entered in another family register or a new family register is to be made up for such person, in addition to the statements of full name, date of birth and residence of such person. 

3. If a new family register is to be made up for a person other than a notice-giver, it shall be deemed that the registered locality of such person is the same as the former registered locality thereof. 

Notice by person under disability 

Article 31.  If a person who is bound to give notice is a minor or a major ward, a person exercising parental power or a guardian thereof shall be regarded as a person bound in duty to give notice. Provided that, this shall not preclude a minor or major ward from giving notice. 

2. In cases where a person exercising parental power or a guardian gives notice, particulars mentioned in the following shall be stated in the notice: 

(1)   The full name, the date of birth and the registered locality of the person who is bound to give notice; 

(2)   The cause for the limited ability of such person; 

(3)   The statement that the notice-giver is the person exercising parental authority or the guardian. 

Article 32.  In respect of an act which may be validly conducted by a minor or a major ward without consent of the legal representative, such person shall give notice thereof. 

Notice of matter requiring witness 

Article 33.  With respect to a notice of a matter requiring a witness, the witness shall state in the notice the date of his birth, his residence and registered locality, and shall affix his signature and seal thereto. 

Matters not existing or unknown 

Article 34.  1. If any matter which is to be stated in a notice does not exist or is unknown, the statement to that effect shall be contained in the notice. 

2. No mayor of a city, town or village shall accept a notice that does not state therein the matters deemed specially important. 

Additional particulars to be stated

Article 35.  In addition to the particulars prescribed to be stated in this Law or by other laws or ordinances, a notice shall state therein the particulars necessary for bringing out clearly the matters to be registered in a family register. 

Number of notice 

Article 36.   1. In cases where registration in a family register is to be effected at two or more city offices, town offices or village offices, as many written notices as the number of such offices shall be presented. 

2. If a notice is given at a place outside the district covering the registered locality of the person, one more written notice shall be presented in addition to those which shall be presented in pursuance of the provision of the preceding paragraph. 

3. In the cases mentioned in the preceding two paragraphs, the mayor of a city, town or village may, if it be deemed proper, make copies of the written notice, and substitute such copies for the written notices required. 

Oral notice, notice by representative 

Article 37.  1. In order to give a notice of a matter orally, the notice-giver shall attend at the appropriate city office, town office or village office and state orally the particulars which are to be stated in the written notice of such matter. 

2. The mayor of a city, town or village shall put the oral statement of the notice-giver in writing, enter the date of notice in the writing, read it to the notice-giver, and make the notice-giver affix the signature and seal to the writing. 

3. If, by reason of sickness or for any other causes, the notice-giver is unable to attend, he shall give the notice through his representative. Provided that, this shall not apply to the notice mentioned in Articles 60, 61, 66, 68, Articles 70 through 72, Articles 74 and 76. 

Notice of matters needing consent or assent 

Article 38.  1. If, in respect of a matter to be notified, it is necessary to obtain the consent or assent of a father, mother or any other person, a writing proving such consent or assent shall be annexed to the written notice of the matter. Provided that, it shall suffice to have the person who has given his consent or assent state to that effect and sign and seal in the written notice. 

2. If it is necessary to obtain the license of a court or governmental authority in respect of a notifiable matter, a copy of the decision or license shall be annexed to the written notice. 

Application mutatis mutandis of provisions of notice 

Article 39. The provisions relating to a written notice shall apply mutatis mutandis to the writings under Article 37 paragraph 2 and paragraph 1 of the preceding Article. 

Notice in foreign country 

Article 40.  A Japanese national who is in a foreign country may, in accordance with the provisions of this Law, give notice to the Japanese ambassador, minister or consul residing in that country. 

Article 41.  If a Japanese national who is in a foreign country has a document executed in respect of a notifiable matter in accordance with the established form of that country, he shall, within three months, present a copy of such document to the Japanese ambassador, minister or consul residing in that country.

2. If there is no Japanese ambassador, minister or consul residing in that country, the Japanese national shall, within three months, dispatch a copy of such document to the mayor of the city, town or village which is the registered locality of the Japanese national. 

Article 42.  The ambassador, minister or consul who has received papers in accordance with the provisions of the preceding two Articles shall, without delay, send them through the Minister for Foreign Affairs to the mayor of the city, town or village which is the registered locality of the person to whom the notifiable matter occurred. 

Date from which notice period begins to run 

Article 43.  The period of time within which a notice is to be given is to be computed from the day on which a judicial decision became final and conclusive; if the judicial decision has become final and conclusive before it is served or delivered, such period of time shall be computed as from the day on which the service or the delivery thereof is effected. 

Peremptory notice for notice 

Article 44.   1. If the mayor of a city, town or village has become aware of a perso's default in giving notice, the mayor shall, fixing a reasonable period, give a peremptory notice demanding notice to be given within such period to the person bound in duty to give notice. 

2. If the person bound in duty to give notice fails to do so within the period fixed in accordance with the preceding paragraph, the mayor of a city, town or village may, fixing a further period, give a peremptory notice. 

3. In cases where the peremptory notice mentioned in the preceding two paragraphs are unable to be given or in cases where, although such peremptory notice has been given, the provisions of Article 24 paragraph 2 shall apply mutatis mutandis thereto; and in cases where a court or other governmental authority or a public procurator or other governmental official has become aware of any person¡¯s default of giving notice in the performance of his duties, the provisions of paragraph 3 of the said Article shall apply mutatis mutandis thereto. 

Complement of notice 

Article 45.  If, in cases where the mayor of a city, town or village has received a notice, he is unable to effectuate the registration by reason of a defect in the written notice, he shall have it complemented by a notice giver. In this case, the provisions of the preceding Article shall apply mutatis mutandis. 

Notice after lapse of period 

Article 46.  Even if a notice is given after the lapsed of the period of time within which it should be given, the mayor of a mayor of a city, town or village shall accept the same. 

Notice received after death 

Article 47.  1. The mayor of a city, town or village shall accept a written notice even after the death of a notice-giver, if it was mailed before the death. 

2. When a written notice has been received in accordance with the provisions of the preceding paragraph, the notice shall be deemed to have been given at the time of the death of the notice-giver. 

Certificate of acceptance or non-acceptance of notice 

Article 48.  1. Any notice-giver may apply for the issuance of a certificate of acceptance or non-acceptance of a notice. 

2. Any person interested may, only in cases where there exists a special reason therefor, apply for inspection of the written notice and other papers received by the mayor of a city, town or village, or apply for the issuance of a certificate in respect of any particulars stated in such papers. 

3. The provisions of Article 10 paragraph 4 shall apply mutatis mutandis in the cases mentioned in the preceding two paragraphs.

Notice of birth 

Article 49.  1. A notice of birth shall be given within fourteen days (if birth took place outside the country, within three months). 

2. A written notice of birth shall state the following particulars: 

(1) Sex of a child and whether it is a legitimate child or not; 

(2) Date, time and place of the birth; 

(3) Full names and registered locality of its father and mother; if either father or mother is a foreign national, full name and nationality thereof; 

(4) Other matters prescribed by the Ministry of Justice Ordinance. 

3. In cases where a medical practitioner, midwife or any other person attended at the birth, a certificate of birth which is made as provided for by Ministry of Justice Ordinance, Ministry of Health, Labor and Welfare Ordinance, by any one of such persons according to the order of a medical practitioner, midwife and other person, shall be annexed to the written notice. Provided that, this shall not apply if there are unavoidable reasons. 

Name of child 

Article 50. 1. In order to indicate the name of a child, it is required to use ordinary and plain characters. 

2. The characters which are within the limit or ordinary and plain characters shall be determined by Ministry of Justice Ordinance. 

Place of notice 

Article 51.  1. A notice of birth should be given in the district within which the birth occurred. 

2. If the birth occurred in transportation facilities (excluding a ship; hereinafter the same), such as a train, the notice of birth may be given in the district where the mother alighted from the transportation facilities, and if the birth occurred on board a ship which keeps no logbook in the district of the port where the ship first entered. 

Person bound in duty to give notice 

Article 52.  1. A notice of birth of a legitimate child shall be given by its father or its mother, and if the father and mother have divorced before the birth of a child, by its mother. 

2. A notice of birth of an illegitimate child shall be given by its mother. 

3. In cases where the persons who are bound to give notice in accordance with the provisions of the preceding two paragraphs are unable to give notice, any person of those enumerated below shall give notice according to the order of the enumeration: 

(1) The co-habitants; 

(2) The medical practitioner, midwife or other person who attended at the birth of the child. 

4. In cases where a person who is bound to give notice in accordance with the provision of paragraph 1 or paragraph 2 is unable to give notice, the legal representative other than such person may also give notice. 

Action for denial of legitimacy of child and notice of birth 

Article 53  Even if an action for the denial of legitimacy of a child has been instituted, the duty to give a notice of birth of a child shall not be exempted. 

Case where paternity is to be determined by court and notice of birth

Article 54  1. In cases where the paternity is to be determined by a court in accordance with the provision of Article 773 of the Civil Code, a notice of birth of a child shall be given by its mother. In this case, the reason for which the paternity still remains undetermined shall be stated in the written notice. 

2. The provisions of Article 52 paragraph 3 and paragraph 4 shall apply mutatis mutandis in the case under the preceding paragraph. 

Birth during voyage 

Article 55. 1. If the birth occurs during a voyage, the captain of the ship shall, within twenty-four hours, state the particulars enumerated in Article 49 paragraph 2 in the logbook, and verify it with his signature and seal impression. 

2. If, after the procedure under the preceding paragraph has been taken, the ship arrives at a port in Japan, the captain shall, without delay, send a copy of the logbook concerning the birth to the mayor of the city, town or village where the post is located. 

3. If the ship arrives at a port in a foreign country, the captain shall, without delay, send a copy of the logbook concerning the birth to the Japanese ambassador, minister, or consul residing in that country, and the ambassador, minister, or consul shall, without delay, send it through the Minister for Foreign Affairs, to the mayor of the city, town or village which is the registered locality of the family of the child. 

Birth in public institution

Article 56. If, in cases where a child is born in a hospital, prison, or any other public institution, both its father and mother are unable to give a notice of birth, the chief or manager of such public institution concerned shall give the notice. 

Deserted child 

Article 57. 1. Any person who finds a deserted child or any police office who is informed of the finding of a deserted child shall, within twenty-four hours, give information thereof to the mayor of the city, town or village. 

2. The mayor of a city, town or village who has received the information under the preceding paragraph shall give a full name to the deserted child and select the locality of the register, and further state in a record the articles worn or possessed by the child, place, date and time, and other circumstances of the finding, as well as full name, sex, presumptive date of birth and locality of register of the child. Such record shall be deemed as a written notice. 

Article 58.  If a deserted child dies before the procedure prescribed in paragraph 1 of the preceding Article is taken, such procedure shall be taken together with a notice of its death. 

Article 59.  The father or mother of a deserted child shall, if he or she takes back the child, give a notice of its birth and apply for rectification of the family register of the child within one month from the day. 

Particulars of notice 

Article 60.  A person who wishes to effect acknowledgement of a child shall state the following particulars and give notice to that effect: 

(1)   In cases where the acknowledgement is effected by the father, the full name and the registered locality of the mother;  

(2)   In cases where a dead child is acknowledged, the date of death of the child and of the child and the full name, date of birth and registered locality of the lineal descendant thereof. 

Acknowledgment of child en ventre sa mere 

Article 61.  In cases where a child en ventre sa mere is acknowledged, the notice of the acknowledgment shall contain the statement to that effect as well as the full name and the registered locality of the mother, and such notice shall be given in the district within which the mother had been registered. 

Status of legitimacy by notice to that effect 

Article 62.  If, for a person who is to become a legitimate child by virtue of the provision of Article 789 paragraph 2 of the Civil Code, the father and mother of such person give a notice of the birth stating the person as their legitimate child, such notice shall have the same effect as a notice of the acknowledgment. 

Judicial acknowledgment 

Article 63.  1. If a judgment of judicial acknowledgment has become final and conclusive, the person who had instituted the action therefore shall, within ten days of its becoming final and conclusive, give notice to that effect, annexing a copy of the judgment. The written notice of the aforesaid matter shall state the date on which the judgment has become final and conclusive. 

2. If the person who had instituted the action does not give the notice under the provision of the preceding paragraph, the other party may, annexing a copy of the judgment, give notice to the effect that the judgment of judicial acknowledgment has become final and conclusive. In this case, the provision of the latter clause of the said paragraph shall apply mutatis mutandis. 

Acknowledgment by will 

Article 64.  In the case of acknowledgment by will, the executor of the will shall, within ten days of the assumption of the office, give a notice of the acknowledgment in accordance with the provisions of Article 60 or 61, annexing a copy of the will. 

 

Information on Japanese Family Law:
Spousal violence constitutes a serious violation of human rights, as well as being a crime  continue

The statutory law in Japan contains no provisions  continue

Family courts and their branch offices are established at the same places where district courts and   continue

Some cases in English on Japanese family law  continue

Selected excerpts from Japan's Family Registration Law  continue

This case illustrates a stark illustration of the complete failure of the Japanese legal system to protect children  continue

unofficial translation of Book IV; Relatives  continue

Kyogi Rikon (Consent Divorce)  continue

Has anything changed in the fight against international child abduction?  continue

Japan's private international law  continue

Divorce has constantly been on the mind of Imelda (not her real name), a 36-year-old Filipino woman who married a Japanese man seven years ago.  continue

An American Dad is behind bars and his Japanese ex-wife is a fugitive from justice  continue

In the debate about whether Japan should sign the Hague abduction convention, a serious consequence of Japan's failure to ratify the treaty is being overlooked. Japan's failure to sign the convention is extremely damaging to Japanese nationals living overseas, since  continue

It’s been six years, three weeks and one day since Navy Cmdr. Paul Toland last saw his only child, Erika  continue

We have represented many international clients who  continue

Japan is a haven for international child abduction. Now one child who was abducted to Japan is to be returned to Wisconsin, thanks to our team’s non-stop efforts   continue

On April 14, 2014, the Japanese Law implementing the Hague Abduction Convention  continue

A tentative translation of the Rules of the Supreme Court of Japan concerning Personal Status Litigation has been published by Japan’s Ministry of Justice  continue

This article from ABC News (2008) is based in part on an interview with Jeremy Morley.   continue

Four fathers quietly filed into a theater to watch  continue

After several years of struggling to understand the workings of the Japanese family law system on behalf of Japanese clients or non-Japanese clients with Japanese spouses, I have reluctantly concluded  continue

1996 judgment of the Supreme Court of Japan  continue

The Supreme Court of New Jersey has upheld a decision allowing a Japanese mother to relocate with her six-year old child   continue

In Japan since 2003 there have been two ways to calculate child support. The first way  continue

Japanese law enforcement and social service agencies unfortunately seem unable to enforce custody and support orders   continue

Under the Japanese Civil Code, either the husband or wife must change their family name to be married legally. Usually it is the wife who does so.  continue

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