Japanese Children Denied Citizenship!
She came here from the Philippines to make and save money, but her dreams of a better life for her family were, she says, "washed away" when her partner, who remained in the Philippines, left her for another woman.
Her first mistake. She came from the Philippines to Japan and actually expected to be treated decently. Now, this article does NOT say if she was there legally or not.
Tapiru now has two daughters, 7-year-old Masami Tapiru and Naomi Sato, 3, both of whom were fathered by a Japanese man.Okay, her kids father is Japanese. They should at least be safely citizens, right? I mean, the father is Japanese and they were freakin born in Japan!
However, due to a little-known article in the Japanese Nationality Law, while Naomi may claim the rights and privileges of Japanese citizenship and the protection that it affords, Masami cannot.
Article 2 of the Japanese Nationality Law states that a child is entitled to automatic Japanese citizenship if, at the time of birth, it is certain that either the mother or the father is a Japanese national.
Okay, this seems straight forward enough. Born in Japan and the father is Japanese. Ah...but there is more...
In order for the child to obtain Japanese citizenship if the couple is not married, the father must give "ninchi," or recognition, that the child in the mother's womb is his own.
Ninchi may be given after birth and the child registered on the "koseki touhon," or family register, but in such cases, it is almost impossible for the child to obtain citizenship.
Japanese courts have begun to stick to the letter of the law -- in this case stipulating that recognition by a Japanese father must be given before or "at the time of birth."
If ninchi is given after the birth, the court does not recognize that the child had a Japanese father at the time of birth, and therefore rejects the claim for citizenship.
Is this a freakin joke or what? In this story, the mother is allowed to stay on a permanent residence basis to raise her children, which is good, but her children should be recognized as Japanese citizens! Only one is. If she died, one would be cared for in Japan and the other deported!!!!
Come on already, clean this stupid law up!