Cognition of Child
QUESTION
I was divorced last January 2017. I’m 27 years old and a single mother with a 4-year old daughter. When I got divorced, I started to work in a night club. There, I met a Japanese guy, 25 years old and married. We became lovers and eventually, I got pregnant in six weeks now. And the worst thing, his wife accidentally knew about my pregnancy. She convinced me to have an abortion. Last January 13, we went to the hospital and I was forced to sign the abortion papers and I was scheduled to have the abortion on January 17. What are the consequences if I don’t abort my child? Can they legally file a case against me? What are the possible cases? I am legally staying here in Japan with my Japanese daughter. Please help me with my problem.
– Mary
ANSWER
As you quite understand, it depends on your decision in order to solve this problem. Will you abort your baby after receiving the expense for having an abortion and consolation money? Or will you as Christian save a human life? All are dependent on your decision. If you will give birth to your baby, it is necessary for your baby to be recognized legally as his child. Then, if he will do embryo cognition, your baby will acquire the Japanese nationality upon birth.
Moreover, if he will recognize your child after birth, your child will acquire the Japanese nationality through the procedure of an acquirement-of-nationality notification after his cognition. However, his cognition seems to be difficult since the abortion is carrying out forcibly by him and his wife.
Under this situation, will you have custody and bring up your child as an illegitimate child without being recognized? Or will you obtain the decision of “forcible cognition” after you would file this case to the Family Court?
As you see, it becomes a problem at that time whether your child is actually his biological child or not.
That is, in order to obtain the decision of “forcible cognition” at the Family Court, the DNA identification certificate issued from a medical institution is always required. Therefore, it is necessary to acquire his gene information (the membrane in a mouth, a sperm, saliva, etc.) in order to be identified at the medical institution.
I hope you can choose the best solution.
QUESTION
I want to raise my child even without his help but I want to know if ever the wife commits suicide because I didn’t do the abortion, will it be my fault and can it be the reason for her family to legally sue me and place me in jail here in Japan? I also want to know if ever I didn’t do the abortion, the wife told me that they will sue me (saiban sho) for having an affair with his husband. What will be the worst thing that can happen to me if ever these things go to the Family Court? And for the abortion, will they just pay for the abortion process and not give me compensation?
ANSWER
Committing suicide or not because of this is her own judgment, not yours. Her husband created the cause by which her suicide would be committed, and her husband should be blamed. Furthermore, although it seems that her daughter appeals against you filing a case to the court, no one can find such applicable crime in the Civil Code/Criminal Code. As for all, it is a cause and reason that he, who has a wife/child, committed the unchaste act with you. Please understand and discern that by yourself.
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