Cognition (Recognition)
QUESTION:
My name is Maya Miyazaki, 25 years old and I stayed in Japan until May 15 with a tourist visa. I lost contact with my dad two years ago. So, I went to my father’s home address in Hiroshima last May 2, but unfortunately, I found out that he was already dead since last year. I am not registered in his koseki-tohon. Now, I have some information about my dad’s property in Japan.
On May 11, I went to these addresses and see if my step brothers are still living there. I am not asking for anything, but just wanted to know where my dad’s grave is and hoping if there is a possibility for my step brothers to help me get a Japanese visa. My brothers don’t know me, but I want to take courage and try if they could help me. I want to work in Japan, so I think I should give it a try. Do you think it’s possible for them to help me? If they can’t or they don’t want to, is there any other way I could live in Japan?
– Maya
ANSWER:
According to the information offered by you, it seems that the paternal relation between you and your father are not yet built. That is, it is considered that your father omitted the cognition which means “this child is my child by birth” based on Civil Code of Japan. Under these facts, your name is probably not described in his family register. In order for your name to be described in his family register, you have to be recognized by him based on the Registration Law. However, since he has already died last year, the only means is that you should file the suit for acknowledgment to the Family Court based on “Article 787 of Civil Code.” The action for acknowledgment is made into less than three years from the day when a father or mother died. Fortunately, since your Japanese father died last year, you can file your case to a Family Court. For your information, you are required many data, such as DNA identification attestation, birth certificate, his family register, and etc. when you file your case to the Court. Because no one can help you without the data such as DNA identification document, which were published from the special medical institution, a family register of your father, etc. as the substantiation and proof data. So, you should consult with your step brother first, and after that, you better consult with a lawyer in Hiroshima Prefecture since your father died there.
Office name: Miyoshi International Legal Counsel Office
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