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Top Document: soc.culture.japan FAQ [Monthly Posting] [2/3] Previous Document: (6.6.3) Currency exchange; sending cash to/from Japan See reader questions & answers on this topic! - Help others by sharing your knowledge Last update: 4/96 From: Mike Fester (mfester@iisc.com) [disclaimer] The following was written by an individual who is not an expert, nor a lawyer in the matter in question. The information is believed to be correct, but don't say you weren't warned if it's wrong. 0. If both parents are Japanese citizens then the child is a Japanese citizen; though if the child is known to have a second citizenship for some reason (such as being born in a country that grants citizenship due to place of birth) then rules for dual citizens apply. 1. If one parent is a Japanese citizen and one parent is a non-Japanese citizen, then the child is a Japanese citizen, but must choose by age 22 whether to keep Japanese citizenship or the other citizenship. The child's choice is recognized legally by Japan. The child's choice might or might not be recognized by the other country, so the child might choose Japan and still be a dual citizen when in the other country or maybe third countries. Until recently, this was the rule only if the father was the Japanese citizen -- if the mother was the Japanese citizen, the child might become stateless as a result. But the law no longer discriminates by parent's sex. Note: For a child born overseas, the child MUST be entered in the family registry of the Japanese parent, technically withing 30 days of the child's birth. This can be done at the nearest Japanese embassy. 2. If both parents are non-Japanese, then the child is not a Japanese citizen. Status depends only on the laws of the countries of the parents' citizenships, and maybe of the country where the child was born. 3. If the parents are not married but both recognize the child as theirs, the above rules still apply. 4. If the parents are not married and the father does not recognize the child as his, then only the mother's citizenship (and possibly the child's place of birth) determine the child's citizenship(s). 5. If both parents are unknown and the child was born in Japan, then the law says that the child is a Japanese citizen. This case has probably not been tested recently in the courts or otherwise, so the status of such a child will probably in reality, be stateless. Such a case was tested, and last year (1995) the final verdict rendered; the child in question was granted Japanese citizenship, over the objections of the Japanese government. The court cited the intention of the law, which is to specifically PREVENT children born in Japan from being stateless. The government had argued that the mother was "probably" a Filippina, and lower courts had alternately accepted and rejected the government's argument. The US-born missionary championing the child's case pursued the matter all the way to the Japanese Supreme Court, where the above-mentioned verdict was rendered. User Contributions:Top Document: soc.culture.japan FAQ [Monthly Posting] [2/3] Previous Document: (6.6.3) Currency exchange; sending cash to/from Japan Part1 - Part2 - Part3 - Single Page [ Usenet FAQs | Web FAQs | Documents | RFC Index ] Send corrections/additions to the FAQ Maintainer: shimpei@gol.com (Shimpei Yamashita)
Last Update March 27 2014 @ 02:11 PM
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