Recognition by a Japanese Father
QUESTION
Greetings!
I have come across to read your column and we are always enlightened by it. Please allow me to share with you about my sister’s problem. I have a sister who started as an entertainer for years and later overstayed in Japan for 2 years. She got pregnant by her Japanese boyfriend who unfortunately cannot marry her because of his present “marital status” in Japan. This fact discourages my sister to claim for legal marriage because of the fear that will affect his “husband’s” retirement. She gave birth to her daughter in the Philippines. My sister’s relationship with this Japanese guy continues for years now.
By the way, this Japanese guy used to visit my sister and child in the Philippines more so often. He even acknowledged being the father in the birth certificate of his child during the baptism ceremony. The said document (birth certificate containing the father’s signature) is being registered at PSA. Prior to this, under what law in Japan recognizes the right of the child born in the Philippines by a foreign couple (Filipina and Japanese who are not legally married) acquire an entry visa to live in Japan?
What specific process should we undergo for the possibility of my sister to have an entry visa to live in Japan together with her child? I really appreciate your kind attention to reply to my letter.
(Pablito in Davao-city)
ANSWER
As you know, personnel affairs/matters, for example, marriage, birth, and acknowledgement and so on are regulated in the Civil Code (Japanese Law No.89. in 1896 year). On the other hand, entry/stay permit, refugee recognition and deportation referring to foreigners are stipulated in the Immigration Control and Refugee Recognition Act (Law No.319 in 1951 year).
Then, let us look at her child’s nationality, status, identity, and social position on the Civil Code, first. According to your mail, you wrote down that he even acknowledged the father in the birth certificate of his child during the baptism ceremony. It means that he acknowledged her child as his son in the Philippine Family Law.
However, no one can find that he did it on Japanese Civil Code, as you did not mention about it in your mail at all. Did he go to Japanese Embassy or Consulate in the Philippines and report his son’s birth? If not, did he go to the municipal office (city, ward, town, or village office) to report it in Japan?
The “Recognition Notification/Report (“Ninchi-Todoke” in Japanese)” form is always supposed to be given by Japanese Embassy or Consulate when everyone would request it there. If he took necessary procedure in the Philippines or Japan, his son is automatically registered as his son on his “Family Register (“Koseki-Tohon” in Japanese)” at a place where he is legally domiciled (“Honseki-chi” in Japanese).Your sister has the right to check and confirm it as her child’s mother, of course.
Well, if the sister’s child listed on the Family Register of the Japanese father, could her daughter be Japanese? No. She could not be Japanese unfortunately, because her Japanese father has never got married legally before her birth, or he never carried out the procedure of acquisition of Japanese nationality for his child in Japan.
That is, a child who was born between unmarried parents, legally speaking, could not be recognized Japanese national even if Japanese father gave only his paternity recognition for his child after her birth. Besides, in accordance with the law, it regulated as follows,
A child, excluding a child who was once a Japanese national, under twenty years of age who has acquired the status of a legitimate child due to the marriage of its father and mother and their recognition, may acquire Japanese nationality. He has to make notification to the Minister of Justice, if the father or mother who has affected the recognition was, at the time of the child’s birth, a Japanese national and such father or mother is presently a Japanese national or was, at the time of his or her death, a Japanese national.
A child who makes notification in accordance with the preceding paragraph shall acquire Japanese notification. Therefore, even if Japanese father had already married another woman and is maintaining his marriage status, your child can get the Japanese nationality only if he would recognize your child who is under 20 years old as his child based on the Civil Code. Or, if he will get married to your sister after he divorced, her child will be able to get Japanese nationality as his child. It is, so called, “Marriage Amendment (“Konin Jyunsei” in Japanese)”. Next, please find the regulations on the Immigration Act. I think you sister were deported from Japan after two years overstay after she was severely punished as a criminal case. She is now recorded as a permanent disapproval person on Black-list of Immigration authority because of two years overstay.
Therefore, she is able to grant her entry into Japan only if she satisfies the following conditions.
・She would have gotten married with Japanese.
・She would take care of her child in Japan, who could acquire Japanese nationality through the Japanese acquisition procedure.
Anyway, the first step is the acquisition of Japanese nationality for her child.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.
Website: www.phildigest.jp
Address: Kanagawa-ken, Naka-gun, Oiso-cho, Higashikoiso 716-2
Nearest station: Oiso station by Tokado Line
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