Ministry OKs welfare payments for children without family registers

Mainichi Daily News
April 13, 2007
Source: http://mdn.mainichi-msn.co.jp/national/news/20070413p2a00m0na016000c.html

Children left without family registers due to an article in Japan's Civil Code on births occurring after divorces are entitled to child allowances and other benefits, the Ministry of Health, Labor and Welfare has told local government bodies.

The ministry sent a message to local bodies, telling them that it was possible to provide welfare services to children under welfare laws. It is the first concrete measure by the ministry to help such children.

Article 772 of Japan's Civil Code states that children born within 300 days of a divorce are presumed to be the offspring of the woman's former husband. This has prevented some women from registering children born after divorces as the offspring of their new husbands, and left the children without family registers.

In the past, complaints have been made that children without family registers have been unable to receive free medical care, putting a great financial burden on families. The ministry's order responds to this claim. If the ministry's instructions are widely implemented, most welfare disadvantages for children without family registers will disappear, although the children will still be unable to obtain passports or register marriages.

The ministry's notice, dated March 22, said children who were born within 300 days of a divorce and had no family registers were entitled to receive child allowances, acceptance into nurseries, and maternal and child health services such as health examinations.

Under the law on child allowances, there are no stipulations on children's domiciles as a condition for payment, so the ministry judged that allowances could be paid to children based on their living conditions and upbringing. A stipulation on child-care allowances for dependents states that the children must have a domicile in Japan, but the ministry said in its notice that the children were entitled to benefits if they were residing in Japan.

Based on the notice, one girl in Saitama Prefecture who has been without a family register for over two years since her birth is set to be paid an allowance, and she will be given a free vaccine shot.

"The ministry sent the notice to confirm that there is no problem with the children receiving services even if they don't have family registers or resident certificates," a ministry official said.