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( Miki Hirabayashi ) 아세아여성법학연구소 2008 아세아여성법학 Vol.11 No.-
In Japan, under Article 772 of Civil Code, a baby born within 300 days of its mother`s divorce will be regarded as the child of the previous husband, even if the child`s biological father is the mother`s current husband. So the government do not accept baby` birth registration as it stipulated that its mother`s current husband is the baby`s father. The children denied baby`s birth registration can not have it`s passport and accept various benefit. Many woment and her children face such problems. It is called "The 300 Days Problem" in Japan. Even if a woman can prove that her current husband is her baby`s biological father, she has to clear a legal hurdle to record the baby in his family register. She has to ask her previous husband to testify in court the baby is not his child. But not every ex-husband is cooperative. So such women and children urge the government to improve the situation as so as possible. For example, now, the Ministry of Foreign Affairs of Japan issues passport for such children. However the name on passport in not biological but their mother`s previous husband`s. And the Ministry of Justice recognizes babies born within 300 days of the mother`s divorce as those of their new spouses or as illegitimate children, provided the mothers can prove they became pregnant after divorce. As such, the presumend legitimate father of the child can be changed without a trial. However, even the ministry suspects that only 10 percent of such children were saved. The radical solution is to revise the Civil Law. However, to do so, various other problems arise. If we abolish Article 772, we cannot give baby ist father without DNA test. It is an unfortunate decision for majority of children. Therefore we should maintain and make the most of the current system. If a woman wants to record her child in its biological father`s family register, she gets him to go through a legal procedure to recognize the child as his own, This trial does not need participate of her previous husband.
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