Regarding the system of presuming paternity based on the time of pregnancy and childbirth, if a woman is remarried, even a child born within 300 days of divorce will be presumed to be her current husband's child. The amended Civil Code was passed and enacted by a majority vote at the plenary session of the House of Councillors.
Under the civil law system of ``presumption of legitimateness,'' which has continued since 1899, it is stipulated that a child born within 300 days of a divorce is presumed to be the child of the previous husband. It has been pointed out that this is the main reason why children do not give birth and do not have a family register.
In light of these issues, the amended Civil Code, etc. stipulates that even children born within 300 days of divorce are presumed to be children of the current husband if the woman is remarried. Since there is no legal possibility that a "husband" will have a duplicate father, we are abolishing the provision that prohibits remarriage for 100 days after divorce only for women.
In addition, regarding the procedure for ``denial of illegitimacy'' to dissolve the relationship between the father and child by ``presumption of wedlock'', the right to file a claim, which is currently only granted to fathers, will be expanded to children and mothers.
In addition, the provision of the "disciplinary right," which allows parents to discipline children for the purpose of education and custody, is also included in the revision, as there are cases where it is used as an excuse to justify child abuse. rice field.
The revised Civil Code was voted on at the plenary session of the House of Councilors on the 10th, and was passed and enacted with a majority of votes in favor.
In addition, the Judicial Committee of the House of Representatives also adopted a supplementary resolution calling on the government to make efforts to publicize measures that allow victims of domestic violence and abuse to apply for denial of paternity without their addresses being known.