Japan to Push for Abolition of Civil Law Clause Banning Remarriage for Divorced Women for 100 Days

After Shortening to 100 Days in 2016, Full Abolition Initiated
Remarriage Ban Period for Women Existed in Korea Until March 2005

The Japanese government is promoting the abolition of the remarriage prohibition period for women and the revision of the presumed paternity system. The photo shows people celebrating the 2015 ruling that declared the "6-month remarriage prohibition for women" clause unconstitutional. Photo by Kyodo News

[Asia Economy Reporter Kim Hyunjung] The abolition of the Japanese Civil Code provision that prohibits divorced women from remarrying for 100 days is being pursued.

On the morning of the 14th, the Japanese government decided on a revision of the Civil Code at a Cabinet meeting, which includes a review of the so-called "Chakushutsu Suitei Seido (嫡出推定制度)"?a system that presumes paternity based on the timing of a child's birth?and the abolition of the remarriage prohibition period for women.

Originally, the remarriage prohibition period for Japanese women was six months, but after the Japanese Supreme Court ruled it unconstitutional in 2015, it was shortened to 100 days the following year. Now, after six years, a full abolition is underway. Under the current Japanese Civil Code, a child born within 300 days after divorce is presumed to be the child of the ex-husband, and a child born more than 200 days after marriage is presumed to be the child of the current husband. The revision maintains these provisions but adds an exception to address cases where pregnancy leads to marriage, stating that "a child born after the mother's remarriage is presumed to be the child of the remarried husband."

The Chakushutsu Suitei Seido was established in 1898 during the Meiji era, originally intended to quickly establish father-child relationships and protect the interests of children. However, currently, if a divorced woman gives birth within 300 days, the child is legally presumed to be the ex-husband's child even without a biological relationship. This has led to cases where birth registration is not made, rendering the child "muhogekija" (without a family register). The revision aims to prevent such cases.

Meanwhile, measures for "muhogekija" have also been prepared. The "Chakushutsu Hinin Seido (嫡出否認制度)," which denies parent-child relationships based on DNA testing, will be expanded to recognize rights not only for fathers but also for mothers and children, and the period for filing a denial appeal will be extended from the current "within one year" to "within three years."

The revision bill is scheduled to be submitted to the extraordinary Diet session, and Japanese media such as Yomiuri Shimbun expect that if the bill passes, it could be implemented as early as within 2024.

In South Korea, a remarriage prohibition period for women existed until March 31, 2005. At that time, Article 811 of the Civil Code stipulated that "a woman may not marry within six months from the date of termination of the marriage relationship," but with advances in science making it sufficiently possible to identify biological fathers, this law was criticized as outdated and inappropriate for the current era. Chile also had a law from the 19th century prohibiting women from remarrying within 270 days after divorce, but it was abolished in 2020.

This content was produced with the assistance of AI translation services.