The ``legitimate presumption'' system, which estimates fatherhood based on the timing of pregnancy and childbirth, will change from the 1st of next month, and if you have remarried, even if your child was born within 300 days of your divorce, it will be considered the same as your current husband's child. It will be estimated. Minister of Justice Koizumi expressed his intention to raise awareness of the new system, saying that he wants children to be raised without fear.
The Civil Code's ``presumption of legitimate'' system stipulates that a child born within 300 days of divorce is presumed to be the child of the ex-husband, and mothers who wish to avoid this may not submit birth registration. It has been pointed out that this is the main cause of children without family registers.
The Civil Code has been revised in light of these issues, and the system for presuming legitimate birth will change from the 1st of next month.
Specifically,
if a woman remarries, any child born within 300 days of divorce will be presumed to be her current husband's child, and the
100-day ban on women remarrying will also be abolished.
Additionally,
with regard to court proceedings to dissolve the relationship between fathers and children based on the ``presumption of legitimacy,'' the right to file a claim, which is granted only to fathers, will be extended to children and mothers.
The new system will apply to children born on or after the 1st of next month, but even for children born before then, as a transitional measure, the child and mother will have one year to clear the ``presumption of legitimacy''. I can.
Minister of Justice Koizumi said at a press conference, ``I would like people who do not have a family register or their mothers to consult their local legal affairs bureau first.We want them to raise their children without fear under the new civil law, so we will be disseminating information through pamphlets and websites. We will continue to work towards this goal.”