"Illegal rejection" unconstitutional lawsuit Plaintiffs lost decision Sustainable court without showing constitutional judgment

`` Rejection of legitimacy '' unconstitutional lawsuit Plaintiffs lost decision Constitutional judgment not shown Supreme Court February 7 18:29

A Kobe woman accuses the country of claiming that children and grandchildren have no family register due to the provisions of the Civil Code which only allows the husband to deny the procedure of `` legal rejection '' that legally denies the parent-child relationship between child and husband In a trial, the Supreme Court ruled to dismiss the appeal and the woman's loss was confirmed.

According to the complaint, a woman in her 60s in Kobe gave birth to another man before fleeing after divorcing after fleeing the violence of her previous husband, but avoiding entering the family register of her previous husband The child became unregistered because he did not submit a notification, and his two grandchildren also became unregistered.

If a wife becomes pregnant under the Civil Code, even if she is a child with a man other than her husband, the woman assumes that her child's father is a husband and goes through a "legal denial" procedure to legally deny this. He sought compensation from the State with his children and grandchildren, saying that while his wife and children were not allowed, it violated the constitution that set equality under the law.

The Kobe District Court in the first instance and the Osaka High Court in the second instance ruled that the provisions of the Civil Code do not violate the Constitution, stating that "it is reasonable to maintain the stability of the child's status" and dismissed the appeal.

The woman appealed, but Judge Kazumi Okamura of the Supreme Court's 2nd Preliminary Court decided to dismiss by 7 days, and the woman's loss was confirmed. The Supreme Court did not give any judgment as to whether the provisions of the Civil Code violated the Constitution.

The Civil Code's "illegal refusal" system has been pointed out as the main cause of the no-family register problem, and a review is being discussed at the Legal Council of the Ministry of Justice.

Plaintiff's lawyer "Initiation of debate in legal proceedings"

Tomo Sakuhana, the plaintiff's side, said, "It is unfortunate that the Supreme Court has lost the law without judging whether or not it violates the Constitution, even though wives and children can" disqualify from legitimacy "in other countries. Has led to discussions at the Legislative Council, and I am glad that we brought the trial. "