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Pregnancy registration question; surrogacy-related.

uroboroops

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Sorry if this is a dumb question for a dumb reason, but it's for writing purposes and I had been looking for somewhere to ask, since I had no idea where to find someone who might know anything about this kind of thing.

I've heard that surrogacy in Japan is generally a no-go, though it happens sometimes anyways, but what I was wondering was how a woman might go about filling out the pregnancy registration form if she was pregnant with another man's child, i.e, as part of a surrogacy where she and her husband are both aware of the arrangement?

pregnancyregistrationform.jpg

In the space for the name of the spouse on the form, is it just assumed that the husband is the father? Though he /is/ head of the household. Could she / would she need to list the actual biological father's name there?

In addition, so I'm not asking question in another thread later on, would it be possible for the biological father to take the child himself or would there be issues with him not being the woman's husband?
 

Mike Cash

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I have two kids here and had no idea there was any such thing as a pregnancy registration form.
 

uroboroops

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I have two kids here and had no idea there was any such thing as a pregnancy registration form.

Everything I've read is that the mother generally goes to register her pregnancy when she confirms it and receives a book to record her pregnancy progress and other information in it and it comes with coupons to help with the costs of the medical visits, but I could definitely be wrong. It would make things easier if I was, I guess.
 

Mike Cash

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Just googled it and there is no legal obligation to register a pregnancy. Totally voluntary.
 

uroboroops

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Just googled it and there is no legal obligation to register a pregnancy. Totally voluntary.
That gives me some leeway, I don't know how I missed that. I guess from the different things I'd read, the women talking about it had never mentioned that it was optional, that's my bad. Though it's probably useful to have financial help.
 

Majestic

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The registration question is easy, the paternity question is a little bit murky.

Firstly, you are talking about artificial insemination by donor (AID), yes? If so, this is not unheard of in Japan. The donors are anonymous: the families do not know the identity of the donor, and the donor does not know the identities of the family.

Regarding the pregnancy registration and the koseki; it is assumed that the husband is the biological father, provided the child is born 200 days after the marriage, and within 300 days of a dissolution of such marriage (civil law 772). This is the assumption, and the law requires no further declaration on the part of the family. Since the donor is anonymous there is no chance of the biological father making a claim on the child, and I think any claim would have a rough time in the Japanese court system anyway.

If you are not talking about artificial insemination, then things could get dodgy.
 

uroboroops

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The registration question is easy, the paternity question is a little bit murky.

Firstly, you are talking about artificial insemination by donor (AID), yes? If so, this is not unheard of in Japan. The donors are anonymous: the families do not know the identity of the donor, and the donor does not know the identities of the family.

Regarding the pregnancy registration and the koseki; it is assumed that the husband is the biological father, provided the child is born 200 days after the marriage, and within 300 days of a dissolution of such marriage (civil law 772). This is the assumption, and the law requires no further declaration on the part of the family. Since the donor is anonymous there is no chance of the biological father making a claim on the child, and I think any claim would have a rough time in the Japanese court system anyway.

If you are not talking about artificial insemination, then things could get dodgy.

The somewhat-specifics might help, I guess. I just really don't want to get made fun of, but what the hell, right?

In what I'm writing, the woman is carrying a baby for a gay couple in the family. Her brother-in-law and his partner, but the partner was the donor and the biological father and is obviously willing to claim himself / be identified as the father. Which I'm worried might not work out in some way or another, even though he /is/.

I'm sure I'm probably picking one issue out of a whole basket of problems with what I'm doing to ask about, though.
 

Majestic

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OK - I think I get it. But it is a bit murky due to the legalities involved in determining the legal status of the child. Things quickly become complicated by the bureaucracy of the family registry system, and how a child's paternity is challenged, and who can make such challenges (and what limitations are placed on making those challenges). So I'm already in way over my head. Having said that;

What I think would happen is that the woman ignores the pregnancy registration because its not relevant to her (although she could register the pregnancy if she wants to get some social benefits from the town or ward office... but doing so means there is a bit of a complication in declaring who the father is). So lets avoid this for simplicity's sake. She gives birth to the child normally, who then gets put on her family registry. Her husband is assumed to be the father, but in your story the gay partner of the brother-in-law is willing, able, and eager to claim himself as the father. So I think there is a two-step process: the mother has to file a claim of non-legitimacy, and the biological father files a claim of recognition of paternity. This means the child can get put on the biological father's registry.

So this is where the legal details become unavoidable. It feels like a significant part of the plot, so you would probably want to get some better legal advice.
 

uroboroops

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OK - I think I get it. But it is a bit murky due to the legalities involved in determining the legal status of the child. Things quickly become complicated by the bureaucracy of the family registry system, and how a child's paternity is challenged, and who can make such challenges (and what limitations are placed on making those challenges). So I'm already in way over my head. Having said that;

What I think would happen is that the woman ignores the pregnancy registration because its not relevant to her (although she could register the pregnancy if she wants to get some social benefits from the town or ward office... but doing so means there is a bit of a complication in declaring who the father is). So lets avoid this for simplicity's sake. She gives birth to the child normally, who then gets put on her family registry. Her husband is assumed to be the father, but in your story the gay partner of the brother-in-law is willing, able, and eager to claim himself as the father. So I think there is a two-step process: the mother has to file a claim of non-legitimacy, and the biological father files a claim of recognition of paternity. This means the child can get put on the biological father's registry.

So this is where the legal details become unavoidable. It feels like a significant part of the plot, so you would probably want to get some better legal advice.

That helps me a lot and gives me some idea of which direction to go with things, which is more help than I thought I might get. So thanks so much for answering, because all I ever manage to do when I start searching for the answers is come out more confused than when I started.
 
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