The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 787第七百八十七条
Filiation Proceedings(認知の訴え)
Article 787, paragraph (1)
A child, the lineal descendant thereof, or the legal representative of either, may bring filiation proceedings; provided, however that this does not apply if three years have passed since the day on which the father or mother died.
Determining Issues of Child Custody after Acknowledgment of Paternity(認知後の子の監護に関する事項の定め等)
Article 788, paragraph (1)
The provisions of Articles 766 through 766-3 apply mutatis mutandis when a father acknowledges paternity.
第七百六十六条から第七百六十六条の三までの規定は、父が認知する場合について準用する。
Article 789第七百八十九条
Legitimation(準正)
Article 789, paragraph (1)
A child whose paternity the father acknowledges acquires status as a child in wedlock upon the marriage of the child's father and mother.
父が認知した子は、その父母の婚姻によって嫡出子の身分を取得する。
Article 789, paragraph (2)
A child whose parentage the parents acknowledge while married to each other acquires status of a child in wedlock from the time of that acknowledgment.
婚姻中父母が認知した子は、その認知の時から、嫡出子の身分を取得する。
Article 789, paragraph (3)
The provisions of the preceding two paragraphs apply mutatis mutandis if the child has already died.
前二項の規定は、子が既に死亡していた場合について準用する。
Article 790第七百九十条
Child's Surname(子の氏)
Article 790, paragraph (1)
A child born in wedlock takes the surname of the parents; provided, however that if the parents divorce before the child is born, the child takes the surname used by the parents at the time of divorce.
A child not born in wedlock takes the surname of the mother.
嫡出でない子は、母の氏を称する。
Article 791第七百九十一条
Changing a Child's Surname(子の氏の変更)
Article 791, paragraph (1)
If a child's surname differs from that of the father or mother, the child may take the surname of the father or mother after obtaining the permission of the family court, through the filing of a registration pursuant to the provisions of the Family Register Act.
If a child's surname differs from that of the parents due to the father or mother changing surnames, the child may take the name of the parents without obtaining the permission referred to in the preceding paragraph only if the parents are married to each other, through the filing of a notification pursuant to the provisions of the Family Register Act.
If a child is under 15 years of age, the legal representative thereof may perform the acts referred to in the preceding two paragraphs on the child's behalf.
子が十五歳未満であるときは、その法定代理人が、これに代わって、前二項の行為をすることができる。
Article 791, paragraph (4)
A minor who has changed surnames pursuant to the provisions of one of the preceding three paragraphs may revert to the previous surname within one year of attaining majority, through the filing of a notification pursuant to the provisions of the Family Register Act.
Article 794, paragraph (1)(未成年後見人が未成年被後見人を養子とする縁組等)Adoption of a Minor Ward by the Guardian of a Minor, Etc.Changed
A guardian of a minor must obtain the permission of the family court in order to adopt a ward (meaning a minor ward or an adult ward; the same applies hereinafter). The same applies if the person's role as guardian of a minor has ended but the person has not finished accounting for the management of the ward's property.
Article 794, paragraph (2)(未成年後見人が未成年被後見人を養子とする縁組等)Adoption of a Minor Ward by the Guardian of a Minor, Etc.Added
The provisions of the preceding paragraph apply mutatis mutandis if a specified assistant adopts a person who has received a decision under the provisions of Article 10, paragraph (1).
前項の規定は、特定補助人が第十条第一項の規定による審判を受けた者を養子とする場合について準用する。
Article 795第七百九十五条
Adoption of a Minor by a Spouse(配偶者のある者が未成年者を養子とする縁組)
Article 795, paragraph (1)
In order for one spouse to adopt a minor the other spouse must do so as well; provided, however, that this does not apply with respect to one spouse's adoption of the child in wedlock of the other spouse, nor does it apply if the other spouse is incapable of manifesting an intention.
One spouse may only adopt or be adopted by another with the consent of the other spouse; provided, however, that this does not apply if one spouse adopts or is adopted by another together with the other spouse, or if the other spouse is incapable of manifesting an intention.
If the person being adopted has another parent that is entitled to custody thereof, the legal representative must obtain the consent of that parent before giving the consent referred to in the preceding paragraph. The same applies if a parent's parental authority in respect of the person being adopted has been suspended.
If, even though the adoption referred to in paragraph (1) is particularly necessary for the interests of the child, a parent of the person to be adopted who is to have custody of the person does not consent to the adoption, the family court may, at the request of the legal representative of the person to be adopted, grant permission in lieu of that consent. The same applies if, even though the adoption referred to in that paragraph is particularly necessary for the interests of the child, a parent of the person to be adopted whose parental authority has been suspended does not consent to the adoption.
The family court that has received the request prescribed in Article 824-2, paragraph (3) concerning the exercise of parental authority relating to the consent under paragraph (1) may issue a ruling under paragraph (3) of that Article only if it finds that the adoption referred to in paragraph (1) is particularly necessary for the interests of the child.
A person must obtain the permission of the family court in order to adopt a minor; provided, however, that this does not apply if the person to be adopted is the lineal descendant of either the adoptive parent or the adoptive parent's spouse.
Article 799, paragraph (1)(婚姻の規定の準用)(Mutatis Mutandis Application of Marriage Provisions)Changed
The provisions of Article 738 and Article 739 apply mutatis mutandis to adoption.
第七百三十八条及び第七百三十九条の規定は、縁組について準用する。
Article 800第八百条
Acceptance of Application to Register an Adoption(縁組の届出の受理)
Article 800, paragraph (1)
It is not permissible to accept an application to register an adoption until the adoption has been found not to violate any of the provisions of Article 792 through Article 799 or the provisions of any other law or regulation.
Formalities for Adoption between Japanese Nationals in a Foreign Country(外国に在る日本人間の縁組の方式)
Article 801, paragraph (1)
If a Japanese national in a foreign country seeks to adopt, or to be adopted by, another Japanese national in that country, the application to register the adoption may be filed with the Japanese Ambassador, Minister of the Japanese Embassy, or Consul stationed in that country. The provisions of Article 739 as applied mutatis mutandis pursuant to Article 799 and the provisions of the preceding Article apply mutatis mutandis, in such a case.
Subsection 2 Nullity and Annulment of Adoptions第二款 縁組の無効及び取消し
Article 802第八百二条
Nullity of Adoption(縁組の無効)
Article 802, paragraph (1)
An adoption is void only in one of the following cases:
縁組は、次に掲げる場合に限り、無効とする。
Article 802, paragraph (1), item (i)
if the parties did not have the mutual intention to enter into the adoption due to a party being mistaken as to the identity of the other or any other cause; or
人違いその他の事由によって当事者間に縁組をする意思がないとき。
Article 802, paragraph (1), item (ii)
if the parties have failed to register the adoption; provided, however, that if the registration merely lacks a formality prescribed in Article 739, paragraph (2) as applied mutatis mutandis pursuant to Article 799, this does not impair the validity of the adoption.
An adoption may not be annulled other than pursuant to the provisions of Article 804 through Article 808.
縁組は、次条から第八百八条までの規定によらなければ、取り消すことができない。
Article 804第八百四条
Annulment of an Adoption; Adoptive Parent Is under 20 Years of Age(養親が二十歳未満の者である場合の縁組の取消し)
Article 804, paragraph (1)
An adoptive parent or the legal representative thereof may request the family court to annul an adoption that violates the provisions of Article 792; provided, however, that this does not apply if, after the adoptive parent attains the age of 20, six months are allowed to pass or the adoptive parent ratifies the adoption.
Annulment of an Adoption; Adopted Child Is the Ascendant or a Person of Greater Age Than the Adoptive Parent(養子が尊属又は年長者である場合の縁組の取消し)
Article 805, paragraph (1)
Either of the parties to an adoption or any relative thereof may request the family court to annul an adoption that violates the provisions of Article 793.
Article 806, paragraph (1)(未成年後見人と未成年被後見人との間等の無許可縁組の取消し)Annulment of an Adoption between a Guardian of a Minor and a Minor Ward, Etc. Occurring Without the Permission of the Family CourtChanged
An adopted child or a natural relative of thereof may request the family court to annul an adoption that violates the provisions of Article 794, paragraph (1) (including as applied mutatis mutandis pursuant to paragraph (2) of that Article; the same applies in Article 817-2, paragraph (2));provided, however, that this does not apply if, after a full account is rendered of the management of the child's property, the adopted child ratifies the adoption or six months are allowed to pass.
A ratification as referred to in the proviso to the preceding paragraph does not take effect unless the adopted child ratifies the adoption after attaining the age of majority or recovering the legal capacity to act.
If a full account is rendered of the management of the adopted child's property but the child has not attained the age of majority or recovered the legal capacity to act, the period referred to in the proviso to paragraph (1) is calculated beginning from the time that the adopted child attains the age of majority or recovers the legal capacity to act.
Annulment of an Adoption Effected Without Spousal Consent(配偶者の同意のない縁組等の取消し)
Article 806-2, paragraph (1)
The person not consenting to an adoption that violates the provisions of Article 796 may request the family court to annul the adoption; provided, however, that this does not apply if, after learning of the adoption, the person allows six months to pass or ratifies the adoption.
A person giving the consent referred to in Article 796 due to fraud or duress may request the family court to annul the adoption; provided, however, that this does not apply if, after discovering the fraud or escaping from the duress, the person allows six months to pass or ratifies the adoption.
Annulment of an Adoption Effected Without the Consent of the Person Entitled to Custody of the Child(子の監護をすべき者の同意のない縁組等の取消し)
Article 806-3, paragraph (1)
A person not consenting to an adoption that violates the provisions of Article 797, paragraph (2) may request the family court to annul the adoption; provided, however, that this does not apply if the person ratifies the adoption, nor does it apply if, after the adopted child reaches the age of 15, six months are allowed to pass or the child ratifies the adoption.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to consent as referred to in Article 797, paragraph (2) that is given due to fraud or duress.
前条第二項の規定は、詐欺又は強迫によって第七百九十七条第二項の同意をした者について準用する。
Article 807第八百七条
Annulment of an Adoption Effected Without the Permission of the Family Court; Adopted Child Is a Minor(養子が未成年者である場合の無許可縁組の取消し)
Article 807, paragraph (1)
The adopted child, a natural relative thereof, or the person consenting to the adoption on the adopted child's behalf may request the family court to annul the adoption if it violates the provisions of Article 798;provided, however, that this does not apply if, after the adopted child attains the age of majority, six months are allowed to pass or the child ratifies the adoption.
Mutatis Mutandis Application of Provisions on Cancellation of a Marriage(婚姻の取消し等の規定の準用)
Article 808, paragraph (1)
The provisions of Article 747 and Article 748 apply mutatis mutandis to adoption. In this case, the term "three months" in Article 747, paragraph (2) is deemed to be replaced with "six months".
The provisions of Article 769 and Article 816 apply mutatis mutandis to the annulment of an adoption.
第七百六十九条及び第八百十六条の規定は、縁組の取消しについて準用する。
Subsection 3 Legal Effect of Adoption第三款 縁組の効力
Article 809第八百九条
Acquisition of Status as a Child in Wedlock(嫡出子の身分の取得)
Article 809, paragraph (1)
An adopted child acquires status as the child in wedlock of the adoptive parent or parents from the date of the adoption.
養子は、縁組の日から、養親の嫡出子の身分を取得する。
Article 810第八百十条
Adopted Child's Surname(養子の氏)
Article 810, paragraph (1)
An adopted child takes the surname of the adoptive parent or parents; provided, however, that this does not apply with respect to a person who has changed surnames upon marriage and continues to use the surname decided on at the time of marriage.