November 10, 2022

Japanese Communist Party representative Motomura Nobuko on November 9 took up the issue of creating stateless children associated with a new Nationality Act clause at a meeting of the Lower House Judicial Affairs Committee which unanimously endorsed the abolition of a Civil Code provision which bans women from remarrying for six months after a divorce.

Currently, a child born during a marriage or within 300 days of a divorce is presumed to be the divorced father's child (child in wedlock). This "presumption of legitimacy" rule will be reviewed.

Along with amending the Civil Code, the government aims to add a new clause to Article 3 of the Nationality Act. Motomura pointed out that with the creation of clause 3 of Article 3, if acknowledgement of the parentage of a child is found to be untrue, the child will be stateless.

Motomura said, "Difficulties will await a child who becomes stateless in acquiring Japanese citizenship and going through naturalization procedures." She demanded that the charge-free support system be expanded, and that a government-backed system be established so that supporters can provide a constant support to stateless children.

Pointing out, "Before being granted special residence permission, persons who become stateless will inevitably become illegal overstayers," Motomura said, "Collaboration between the Legal Affairs Bureau and the Immigration Services Agency is essential in order to prevent their illegal stay from occurring."

In addition, she demanded that some kind of countermeasure be taken to provide easy access to administrative services for "unregistered" children whose birth registrations were not submitted.