JAPAN Law and Practice Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
1. The Care Provider’s Ability to Take Decisions About the Child 1.1 Parental Responsibility Note: A major amendment to the family law provi - sions of the Civil Code is scheduled to take effect by May 2026. This chapter primarily explains the law as it currently stands, while also referring to the 2026 Amended Civil Code where appropriate. Under Japanese law, the comprehensive authority to make decisions for a minor (under 18) is referred to as parental authority (Civil Code, Article 818 (1)). Parental authority consists of two principal elements. Custody and Education • The rights and obligations to care for and educate the child (Article 820). • The right to determine the child’s residence (Article 822). • The right to permit the child to engage in an occu - pation (Article 823). Property Management (Article 824) The right to manage the child’s property. The authority to represent the child in property-related The mother-child relationship is deemed to arise by the very fact of childbirth (Supreme Court, 27 April 1962, Minshu Volume 16, No 7, p. 1247). Once this relationship is established, the mother automatically acquires parental authority at the time of birth. 1.3 Requirements for Fathers Under Japanese law, the establishment of paternity is closely linked to marriage. Unlike the case of the mother, the father does not necessarily acquire paren - tal authority automatically at the time of birth. Where a child is born out of wedlock, the father must complete additional procedures to obtain parental authority. Child Born in Wedlock (Legitimate Child) A child born in wedlock is one for whom the father is automatically determined by virtue of the marital rela - legal acts and to consent to such acts. 1.2 Requirements for Birth Mothers
tionship. In such cases, both parents exercise parental authority jointly (Civil Code, Article 818 (3)). • A child conceived during marriage (Article 772 (1), first sentence). • A child conceived before marriage but born after the marriage (Article 772 (1), second sentence). Child Born Out of Wedlock A child born out of wedlock is one for whom the father is determined independently of marriage. In this case, the mother has sole parental authority (Civil Code, Article 819 (4)). For the father to obtain parental authority, he must first establish paternity through acknowledgment (Article 779). Thereafter, the parents may agree, or the Family Court may determine, that the father shall be the sole holder of parental authority (Civil Code, Article 819 (4); Article 819 (5)). Where the Parents Divorce Before the Child’s Birth The mother also has sole parental authority (Civil Code, Article 819 (3), main provision). However, as with children born out of wedlock, it is possible for the father to be designated as the sole holder of parental authority by agreement of the parents or by determi - nation of the Family Court (Civil Code, Article 819 (3), proviso; Article 819 (5)). 2026 Amended Civil Code In cases of children born out of wedlock or where the parents divorced before the child’s birth, it will also become possible for both parents to hold joint paren - tal authority (Amended Civil Code, Article 819 (3)–(5)). Legitimation by Subsequent Marriage Where the father acknowledges the child and sub - sequently marries the mother, or where the father acknowledges the child during marriage, the child acquires the status of a child born in wedlock through legitimation (Civil Code, Article 789). As a result, both parents exercise joint parental authority.
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