Japan Supreme Court has made judgement that result of DNA test could not change father recorded in the family register

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Japan Supreme Court has made judgement that result of DNA test could not change father recorded in the family register (July 17th 2014, ).

In Article 772 of Japan civil code, it is stipulated that
(1)  A child conceived by a wife during marriage shall be PRESUMED to be a child of her husband.
(2)  A child born after 200 days from the formation of marriage or within 300 days of the day of the dissolution or rescission of marriage shall be PRESUMED to have been conceived during marriage.

In this lawsuit, Japan supreme court ruled that scientific DNA test result can not change father recorded in the family register.
In civil code, it is stipulated that “presumed”.
But according to this judgement, even scientific result can not revoke the presumption.

In this case, a child  ( “Taro”) was born during marriage of Mr Yoshio and Ms Hanako.
But result of the DNA test, Taro is not biological child of Mr Yoshio.
Now, Ms Hanako takes care of Taro with her current husband Mr Hiroshi.
Ms Hanako made lawsuit to revoke paternal relationship with Mr Yoshio and Taro.
However, Ms Hanako could not get expected judgement.
According to this judgement, if woman like Ms Hanako could  revoke paternal relationship anytime, status of Taro was unstable.
And if Taro has had lived for long time with Mr Yoshio , then after that biological father ( Mr Hiroshi ) claimed that Mr Yoshio should deliver Taro to Mr Hiroshi, it was very severe to Taro.
So, Japan’s civil code admits that incoherence between father recorded in the family registry and biological father.

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