Japan ends illegitimates legal limbo

Agence France-Presse and Inquirer.net
First Posted 19:36:00 12/05/2008

TOKYO—Japan passed a new law Friday that could pave the way to citizenship for thousands of children born out of wedlock to foreign mothers, ending their legal limbo, officials said.

Illegitimate children born to mothers from abroad could previously only be granted nationality if the father acknowledged paternity before the birth. They will now be able to claim Japanese citizenship if the father acknowledges paternity after the child is born.

But anyone who lies about such a relationship will receive a prison sentence of up to one year or a 200,000 yen ($2,173) fine.

The move came after the Supreme Court earlier this year ruled that denying such children citizenship was unconstitutional.

The ruling, which ended years of court battles, said it was discriminatory to consider parents' marital status. The children were mostly born to Filipina entertainers working in Japan.

The Japanese men -- who were married to other women -- had acknowledged that they were the fathers of the children, who were born in Japan and only speak Japanese.

But the children were not granted nationality because the fathers acknowledged them only after they were born.

According to official statistics, approximately 2,800 children born out of wedlock to foreign mothers live in Japan, which is home to many entertainers from the Philippines and elsewhere. More than 2,000 have Japanese fathers.

Japan has strict controls on immigration and is reluctant to allow an influx of foreign workers even though it has one of the world's lowest birthrates.