Fathers of Children Born Out of Wedlock Have No Paternal Rights

Japanese Civil Code, Article 819 gives custody of a child born out of wedlock, by default, to the mother  The same is true for a child conceived in matrimony, born after a divorce.  The father does not even have a right to a civil trial.  This is especially important given the fact that Japanese law does not allow joint custody, and even court ordered visitation can not be enforced if the custodial parent is defiant.

According to Japanese Civil Code, Article 819,

"The parental power over a child recognized by its father [i.e. born out of wedlock but legally acknowledged] shall be exercised by its father, if and only if the father and the mother determine the father to have the parental power by their agreement."

This violates Article 14 of the Japanese Constitution, which states

"All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin." 

Article 24 further emphasizes that

"With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes."

It is also contrary to Article XXX of the UN Convention on the Rights of the Child.

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