Japan could soon abolish 100-day remarriage ban for women

The Civil Code states that a child born within 300 days after the mother's divorce will be presumed as the child of her former husband, while a baby born within 200 days of marriage will be presumed as the child of the current husband.This provision had been in place to protect the child's welfare by swiftly determining the child's legal father. While the provision on legal paternity referring to "within 300 days of divorce" will remain intact, the panel's proposed changes would give an exemption to cases in which a woman has remarried at the time she gives birth. In such cases, her child would be recognized as the child of her current husband. Under the existing provision, the claims for legal paternity by the former and current husband would overlap if the woman remarries shortly after divorce and gives birth after 201 days or up to 300 days. Because such claims would no longer overlap, after the changes are made, the 100-day remarriage ban on women would also be scrapped. The current provision on legal paternity has been reviewed mainly to stop a growing number of children from having no family registry, which puts them at a disadvantage in availing a range of health and other services.

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thomas said:

The Japanese Civil Code from 1898 (based mostly on the German CC) states that women are not allowed to remarry until hundred days after the divorce. In 2016, the waiting period was shortened from six months to 100 days. The prohibition of remarriage was introduced to avoid uncertainty regarding the identity of the biological father of a child born in the time after the divorce. The Japanese government plans to scrap this archaic provision in 2022.

Japan gov't panel proposes to scrap 100-day remarriage ban for women - The Mainichi

TOKYO (Kyodo) -- A Japanese government panel on Monday recommended abolishing the current 100-day remarriage ban for women after a divorce, in line wi

mainichi.jp

Gov't panel proposes to scrap 100-day remarriage ban for women

A Japanese government panel on Monday recommended abolishing the current 100-day remarriage ban for women after a divorce, in line with scrapping a century-old Civil Code provision that determines legal paternity. Under existing law, only women face a 100-day waiting time to remarry after...

japantoday.com

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Petaris said:

Honestly the law probably made sense right up to the point when paternity tests (genetic) became available. It comes back to who the child's father is and who would be legally responsible for them and also what familial benefits that child may be entitled to.

Examples, the father dies and assets should be evenly distributed to any children. If two children were born during the marriage they would inherit but if the third was born after the divorce and the woman had been re-married already there may have been a question about who the father was.

Obviously sex outside of marriage happens but at the time what more could you go on other than divorce happened on X date, last sex during marriage could have been on X, so X plus 9 months = child belongs to ex-husband. Then that child would be included in the inheritance distribution.

Just wanted to point out that it was probably the only way to make these determinations prior to any sort of genetic testing being available. The only other thing you could do is child looks like ex-husband or looks like new husband and really that would be difficult with an infant.

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Uncle Frank said:

In real life I was too chicken to be a father , but I have thousands of internet kids here in my JREF family , LOL.

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