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When a child is born to a Japanese father and a foreign mother, the child acquires nationality based on the laws of both countries. If one parent is Japanese, and the parents are married, the child can acquire Japanese nationality. However, if the parents are not married, the child usually takes on the mother's nationality.
Is it possible for a child born to unmarried parents, where the father is Japanese, to acquire Japanese nationality?
The child can acquire Japanese nationality through paternal recognition.
There are various methods of recognition: 1) fetal recognition, 2) voluntary recognition by filing a recognition form, 3) voluntary recognition by will, 4) judicial recognition, and 5) posthumous recognition. In any case, the child is considered the father's child from birth. In the case of fetal recognition, Japanese nationality can be acquired at birth. If not recognized at birth, the child can go through the recognition procedure after being recognized and acquire Japanese nationality.
- Fetal Recognition by Voluntary Recognition
A recognition procedure carried out before the child is born, requiring the mother's consent. This is done at the city or ward office of the mother's registered domicile. - Voluntary Recognition by Filing a Recognition Form
Recognition can be carried out without the mother's consent; the father's intention alone is sufficient. This can be done at the city or ward office of the father's or child's registered domicile. - Voluntary Recognition by Will
Recognition is stated in the father's will during his lifetime. - Judicial Recognition
If the father does not recognize the child, the mother can initiate a court procedure for recognition. Mediation is attempted first, and if an agreement is not reached, the case goes to court. - Posthumous Recognition
Within three years after the father's death, legal proceedings are initiated against the prosecutor's office with jurisdiction over the father's last residence.
To acquire Japanese nationality through paternal recognition, the child must be "under 18 years old" and "never have been a Japanese national."
The notification is made in writing by the person concerned, but if the person is under 15 years old, the legal representative must make the notification.
The procedure can be conducted whether you reside in Japan or abroad. If you live in Japan, you can do it at the legal affairs bureau or local legal affairs office with jurisdiction over your residence. If you live abroad, you can do it at the Japanese embassy or consulate.
For more information, visit the Ministry of Justice's website: https://www.moj.go.jp/MINJI/minji163.html https://www.moj.go.jp/ONLINE/NATIONALITY/6-1.html
If a child born in a jus soli country (such as the United States, Canada, Brazil, etc.) acquires that country's nationality without retaining Japanese nationality, does it qualify for Japanese nationality?
If nationality is not retained, the child will not acquire Japanese nationality but will undergo reacquisition of nationality (Nationality Law Article 17, Paragraph 1). Since the conditions for acquiring nationality, namely "not having been a Japanese national" and "being under 18 years old," are not met, the child needs to have an address in Japan. Having an address in Japan means having a base of life in Japan, and temporary stays for tourism or family visits do not count as having an address in Japan. Therefore, one would need to obtain the "Spouse of a Japanese National" residency status, come to Japan, and then proceed with the formalities. Note that Japan does not recognize dual nationality, so undergoing this procedure may lead to the loss of your current nationality.
Ministry of Justice's website: https://www.moj.go.jp/ONLINE/NATIONALITY/6-5.html
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