A subcommittee of the Legitimacy Council has put together an interim draft for a review of the "legitimacy estimation" system, which determines the father according to the time of pregnancy and childbirth.
It has been pointed out that the current "illegitimate estimation" system is the main cause of the birth of people without a family register, so if you are remarried, even a child born within 300 days of divorce is now. It includes consideration of being a child of a husband and the removal of the provision prohibiting remarriage for 100 days after divorce only for women.
In recent years, this system has often been pointed out as not being true.
We will take a closer look at the contents of the summarized interim draft for review.
To review "illegitimate estimation" The contents of the interim draft
The "illegitimate presumption" of the Civil Code is a system that lasts for more than 120 years from 1891, and the provisions are stipulated on the premise that a child becomes pregnant and gives birth after getting married.
Under this system,
▽ children who become pregnant when a woman is married are considered to be children of her husband,
▽ children born within 300 days of divorce are considered to be children of her previous husband, and
▽ marriage or remarriage. A child born 200 days after the birth is considered to be the child of the current husband.
This is because while the relationship between the child and the mother is clarified by childbirth, the relationship with the father is not always clear, so by establishing the relationship between the father and the child at an early stage based on the time of pregnancy and childbirth. , It is provided for the purpose of securing the benefits of children such as childbirth and inheritance.
In the interim draft presented on the 9th, the child born after marriage or remarriage was revised to be regarded as the child of the current husband, and it is estimated that it is currently excluded as "200 days after marriage or remarriage". Was supposed to reach.
In addition, while maintaining the provision that children born within 300 days of divorce are considered to be children of their previous husband, if they are remarried to another man, they can be regarded as children of their current husband with an exception. It was included.
As a result,
children born during marriage, including remarriage, are considered to be children of the current husband, and are born
within 300 days of divorce or before the woman remarries during this period. The child is considered to be the child of the former husband.
In addition, this review will eliminate the possibility that fathers will be duplicated between "former husband" and "current husband" by law, and will abolish the provision prohibiting remarriage for 100 days after divorce only for women. doing.
Extending the right to file a "denial of employment" claim to children
In this interim draft, the procedure of "denial of legitimacy" that can dissolve the legal relationship between father and child by "estimation of legitimacy" will also be reviewed.
Specifically, the right to file a claim, which is currently granted only to the father, will be extended to the child, and the period of the claim, which is limited to one year from the time when the birth was known, is the birth or that. We will continue to consider extending it to 3 or 5 years from the time we learned about it.
Under the current system, for example, a child born to a man other than the husband before the divorce is established is legally considered to be the child of the husband, so the mother must file a birth certificate. There are cases where you hesitate.
However, if this review is realized, the birth registration will be temporarily regarded as the child of the husband by law, but by filing a petition from the newly acquired child, the relationship between the husband and the child can be established. You will be able to resolve it.
To review the "right to discipline" that parents can discipline their children
The Civil Code stipulates the "right to discipline" that allows parents to "discipline their children" to the extent necessary for education and custody.
However, since there are cases where it is used as an excuse to abuse it as a discipline, there are increasing calls for a review, and in the first year of Reiwa, the "Child Abuse Prevention Law" was amended, and parents impose corporal punishment on their children when disciplining. It was forbidden to add.
In addition, this amendment, for the "disciplinary authority" of the Civil Code, next year, have been and take measures, such as reviewing the prospect four years Ryowa, Legislative parent-child legislation Committee of the Congress has promoted the discussion.
Then, in the interim draft presented on the 9th, after reviewing the "disciplinary right", in addition to deleting Article 822 of the Civil Code that "the child can be disciplined", "I can give instructions and guidance but corporal punishment" Three proposals were presented stating "cannot be added" or "no corporal punishment" and will continue to be considered.
What are the problems with the "illegitimate estimation" system?
It has been pointed out that the previous system has caused the situation to destabilize the child's position.
That is the problem of children without a family register.
For example, if a woman escapes from DV = domestic violence and separates and has a child with a man other than her husband, she hesitates to submit a birth certificate and some children do not have a family register. is.
According to the Ministry of Justice, as of last month, there were 901 people without a family register nationwide, and more than 70% of them tried to avoid the provision of "illegitimate birth estimation" and filed a birth certificate. It is a case that did not exist.
A woman whose child was unregistered "I was just worried about my son's future."
Yukari Shibata (51) said that she had a son with her current husband 18 years ago, but her son has been unregistered for 4 years and 11 months.
In the case of Mr. Shibata, he intended to have divorced his ex-husband for another reason other than DV, but when he tried to file a marriage registration with his current husband, the ex-husband did not submit the notification. Was told.
After that, the divorce was established, but the son born after the divorce was made a child of the former husband according to the provisions of legitimacy estimation, so he could not submit the birth certificate and became unregistered.
It means that he remained unregistered until he was recognized as the child of his current husband by civil mediation.
Mr. Shibata said, "My son was born prematurely and had to receive medical care for infants, but he could not receive medical expenses because he did not have a family register or resident's card, and it cost 100,000 to 200,000 yen a month. No matter what I did, I was told, "There is no proof of this child, there is no proof of being alive," and I had to negotiate with the government office to enter the nursery school. Choose your favorite profession. I was just worried about my son's future, such as whether he could do it or get a license. "
Experts familiar with family law
Professor Masayuki Tanamura of Waseda University, who is familiar with family law and participates in discussions as a member of the Parent-Child Legal System Subcommittee of the Legislative Council, said, "Family diversification and regulations are faster than expected. There is a big change in society. I have no objection to the need for a review, but I think there are still disagreements about how far to review it. "
Regarding the opinion that this proposal cannot rescue many people who are not registered in the family register, Professor Tanamura said, "This review only discussed whether the provisions of the Civil Code match the current era. The problem of no family register cannot be solved without comprehensive measures, including a review of the family register system. "
On top of that, he said, "If we do not enhance services such as consultation support so that the problem of no family register can be prevented in society as a whole, it will not lead to the protection of children."
Regarding the review of the disciplinary right, "The disciplinary right has been considered parent-oriented like the right to control the child, but as much as possible eliminate the provisions that have the image of admonishing or punishing, respecting the personality of the child, and guaranteeing the right. In this interim draft, I would like to hear the opinions of the general public about what is needed as a children's first. "
Lawyers who support unregistered people
Yuyako Takatori, a lawyer who continues to support people without a family register, said, "I appreciate that the government has taken steps to improve the provisions for estimating legitimacy and has taken the lead in discussions including the abolition of the provisions prohibiting remarriage. It is not enough to solve the problem of family registerlessness that is occurring in Japan. In this interim draft, divorce and remarriage are possible, and only the child born after that can be saved. Some children will not be saved due to circumstances. "
On top of that,
▽
remove the
provision that a child born within 300 days after divorce is regarded as the child of the previous husband, and
▽ do DNA testing and submit it as evidence so that the child will not be unregistered even if the divorce is not possible. I would like you to consider accepting birth registration.
Child-rearing support group
Regarding the review of "disciplinary rights" Child-rearing support groups have voiced support for the need to eliminate abuse and corporal punishment.
On the other hand, many parents are worried about where corporal punishment will come from, and they are calling for not only a review of the law but also a message to promote child-rearing in society as a whole.
Taeko Matsuda, the representative of Setagaya Child-rearing Net, an NPO in Setagaya-ku, Tokyo, said, "Physical punishment is of course not allowed, but I am tired of being unable to sleep because I am raising children without any help. But everybody has a moment when they get stuck, such as when a child doesn't stop crying. Many people are worried about what to do if they do physical punishment, so remove the disciplinary right. So, I want the message to be a message that society will think about and support child-rearing together. "