①A child conceived by a wife during the marriage is presumed to be the child of the husband in that marriage. The same applies to a child conceived by a woman before the marriage and born after the marriage is formed.

②In the case referred to in the preceding paragraph, a child born within 200 days of the formation of a marriage is presumed to have been conceived before the marriage, and a child born more than 200 days after the formation of a marriage or within 300 days of the dissolution or cancellation of a marriage is presumed to have been conceived during the marriage.

③In the case referred to in paragraph (1), if a woman has entered into two or more marriages between the time she conceived the child and the time of the child's birth, the child is presumed to be the child of the husband in the most recent marriage as of the child's birth.

④In the application of the preceding paragraph to a child for whom a father has been determined under the preceding three paragraphs in a case where it has been rebutted under Article 774 that the child is the child in wedlock of that father, the phrase "the most recent marriage" in that paragraph is deemed to be replaced with "the most recent marriage (excluding the marriage with the husband as to whom the presumption that the child is his child in wedlock has been rebutted under Article 774)".

If a woman marrying in violation of the provisions of Article 732 gives birth and the paternity of the child cannot be determined pursuant to the provisions of the preceding Article, the court determines the paternity of the child.

①In a case where the father of a child is determined pursuant to the provisions of Article 772, the father or the child may rebut the presumption of the child in wedlock.

②The child's right to rebut the presumption under the preceding paragraph may be exercised on behalf of the child by the mother exercising parental authority, the adoptive parent exercising parental authority, or the guardian of a minor.

③In the case prescribed in paragraph (1), the mother may rebut the presumption of the child in wedlock; provided, however, that this does not apply if it is clear that the exercise of the right to rebut the presumption would harm the interests of the child.

④In a case where the father of a child is determined pursuant to the provisions of Article 772, paragraph (3), a person other than the father of the child who was married to the mother between the time of the child's conception and the time of the child's birth (hereinafter referred to as the "former husband") may rebut the presumption of the child in wedlock; provided, however, that this does not apply if it is clear that the exercise of the right to rebut the presumption would harm the interests of the child.

⑤A person who has exercised the right to rebut the presumption under the preceding paragraph and has newly been determined to be the father of the child pursuant to the provisions of Article 772, paragraph (3) as replaced pursuant to the provisions of paragraph (4) of that Article may not, notwithstanding the provisions of paragraph (1), rebut the presumption that the child is his child in wedlock.

①The rights to rebut the presumption set forth in the following items are exercised through an action to rebut the presumption of the child in wedlock against the person specified respectively in those items.

②If a right to rebut the presumption set forth in item (i) or (iv) of the preceding paragraph is to be exercised against the mother exercising parental authority and there is no mother exercising parental authority, the family court must appoint a special agent.

If a father or mother acknowledges, after the child is born, that the child is his or her child in wedlock, the father or mother, respectively, loses his or her right to rebut the presumption.

An action to rebut the presumption of the child in wedlock pertaining to the exercise of a right to rebut the presumption set forth in each of the following items must be filed within three years from the time specified respectively in those items.

If, with respect to a child whose father was determined pursuant to the provisions of Article 772, paragraph (3), the presumption that the child is the father's child in wedlock has been rebutted pursuant to the provisions of Article 774, an action to rebut the presumption of the child in wedlock pertaining to the exercise of a right to rebut the presumption set forth in each of the following items must, notwithstanding the provisions of the preceding Article, be filed within one year from the time specified respectively in those items.

①If, during the six months before the expiration of the period under Article 777 (limited to the part pertaining to item (ii)) or the preceding Article (limited to the part pertaining to item (ii)), there is no mother exercising parental authority, adoptive parent exercising parental authority, or guardian of a minor, the child may file an action to rebut the presumption of the child in wedlock until six months have passed from the time when the period of suspension of parental authority of the mother or adoptive parent expires, a ruling rescinding a ruling affirming the loss of parental authority or a ruling to suspend parental authority becomes final and binding, or parental authority is restored, the time when a new adoption is formed, or the time when a guardian of a minor takes office.

②If the period during which the child has continuously lived with the father (or, if there are two or more such periods, the longest of them) is less than three years, the child may, notwithstanding the provisions of Article 777 (limited to the part pertaining to item (ii)) and the preceding Article (limited to the part pertaining to item (ii)), file an action to rebut the presumption of the child in wedlock until the child reaches the age of 21; provided, however, that this does not apply if the exercise of the child's right to rebut the presumption would significantly harm the interests of the father in light of the circumstances of upbringing by the father.

③The provisions of Article 774, paragraph (2) do not apply in the case referred to in the preceding paragraph.

④An action to rebut the presumption of the child in wedlock pertaining to the exercise of the right to rebut the presumption set forth in Article 777 (limited to the part pertaining to item (iv)) and the preceding Article (limited to the part pertaining to item (iv)) may not be filed after the child has attained the age of majority.

Even if the presumption of the child in wedlock is rebutted pursuant to the provisions of Article 774, the child is not obligated to reimburse the costs required for the custody of the child that were expended by the person who was the father.

In a case where, after the opening of the succession, a right to rebut the presumption has been exercised pursuant to the provisions of Article 774, and a person for whom the decedent has been newly determined to be the father pursuant to the provisions of Article 772, paragraph (3) as replaced pursuant to the provisions of paragraph (4) of that Article seeks, as an heir, to request division of the estate, if the other coheirs have already divided or otherwise disposed of the estate, the request of that heir for division of the estate is to be made only by a request for payment of the value.

A father or a mother may acknowledge a child born out of wedlock to be his or her child.

A father or a mother does not need the consent of a legal representative in order to acknowledge parentage, even if that father or mother is a minor or an adult ward.

①Parentage is acknowledged through the filing of a registration pursuant to the provisions of the Family Register Act.

②Parentage may also be acknowledged in a will.

A father or mother may not acknowledge parentage of an adult child without that adult child's consent.

①A father may acknowledge paternity even if the child is still in utero. The mother's consent must be obtained in such a case.

②If the child referred to in the preceding paragraph is born and the father of the child is determined pursuant to the provisions of Article 772, the acknowledgment under that paragraph does not take effect.

③A father or mother may acknowledge parentage even if the child has died, but only if that child had a lineal descendant. In such a case, the consent of the lineal descendant must be obtained if that lineal descendant is an adult.

An acknowledgement of parentage is effective retroactive to the time of birth; provided, however, that this may not prejudice a right already acquired by a third party.

A father or a mother who has acknowledged parentage may not rescind that acknowledgment.

①The persons set forth in the following items may file an action to invalidate an acknowledgment of parentage, on the grounds that there are facts contrary to the acknowledgment, only within seven years from the time specified respectively in those items (or, in the case where the acknowledgment was made pursuant to the provisions of Article 783, paragraph (1), the time of the child's birth); provided, however, that this does not apply to the person set forth in item (iii) if it is clear that the assertion of invalidity of the acknowledgment would harm the interests of the child.

②If the period during which the child has continuously lived with the person who acknowledged the child after the acknowledgment (or, if there are two or more such periods, the longest of them) is less than three years, the child may, notwithstanding the provisions of the preceding paragraph (limited to the part pertaining to item (i)), file an action to invalidate the acknowledgment of parentage until the child reaches the age of 21; provided, however, that this does not apply if the child's assertion of invalidity of the acknowledgment would significantly harm the interests of the person who made the acknowledgment in light of the circumstances of upbringing by that person.

③The provisions of the preceding paragraph do not apply where the legal representative of the child prescribed in that paragraph files the action to invalidate an acknowledgment of parentage under paragraph (1).

④Even if an acknowledgment is invalidated pursuant to the provisions of paragraphs (1) and (2), the child is not obligated to reimburse the costs required for the custody of the child that were expended by the person who made the acknowledgment.

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.

The provisions of Articles 766 through 766-3 apply mutatis mutandis when a father acknowledges paternity.

①A child whose paternity the father acknowledges acquires status as a child in wedlock upon the marriage of the child's father and mother.

②A child whose parentage the parents acknowledge while married to each other acquires status of a child in wedlock from the time of that acknowledgment.

③The provisions of the preceding two paragraphs apply mutatis mutandis if the child has already died.

①A 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.

②A child not born in wedlock takes the surname of the mother.

①If 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.

②If 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.

③If 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.

④A 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.

A person who has attained the age of 20 may adopt a child.

It is not permissible to adopt an ascendant or a person of greater age than one's self.

A guardian 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 has ended but the person has not finished accounting for the management of the ward's property.

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.

①If a person being adopted is under 15 years of age, the legal representative thereof may give consent to the child's adoption on behalf thereof.

②If 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.

③If, 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.

④The 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.

The provisions of Article 738 and Article 739 apply mutatis mutandis to adoption.

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.

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.

An adoption is void only in one of the following cases:

An adoption may not be annulled other than pursuant to the provisions of Article 804 through Article 808.

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.

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.

①An adopted child or a natural relative of thereof may request the family court to annul an adoption that violates the provisions of Article 794;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.

②A 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.

③If 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.

①The 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.

②A 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.

①A 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.

②The 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.

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.

①The 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".

②The provisions of Article 769 and Article 816 apply mutatis mutandis to the annulment of an adoption.

An adopted child acquires status as the child in wedlock of the adoptive parent or parents from the date of the adoption.

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.

①Parties to an adoption may agree to dissolve the adoptive relationship.

②If an adopted child is under 15 years of age, the adoptive parent or parents and the person or persons that are to become the legal representatives of the child after the dissolution of the adoptive relationship may agree to dissolve the adoptive relationship.

③In a case as referred to in the preceding paragraph, if the parents of the adopted child are divorced, they must reach an agreement in which they decide that both of them or one of them is to be the person with parental authority with respect to the child after the dissolution of the adoptive relationship.

④If the agreement referred to in the preceding paragraph is not reached or if discussions toward such an agreement cannot be held, the family court may issue a ruling to stand in place of that agreement, at the request of the father or mother referred to in that paragraph or at the request of an adoptive parent. In this case, the provisions of Article 819, paragraph (7) apply mutatis mutandis.

⑤If there is no person to become the legal representative as referred to in paragraph (2), at the request of a relative of the adopted child or any other interested party, the family court may appoint a person to become the guardian of the minor after the dissolution of the adopted child's adoptive relationship.

⑥If one of the parties to an adoption dies and a surviving party seeks to dissolve the adoptive relationship, that party may do so with the permission of the family court.

In order for adoptive parents who are married to each other to dissolve their adoptive relationship with a minor, they must do so jointly; provided, however, that this does not apply if one party to the marriage is incapable of manifesting an intention.

The provisions of Article 738, Article 739, and Article 747 apply mutatis mutandis to the dissolution of an adoptive relationship. In this case, the term "three months" in Article 747, paragraph (2) is deemed to be replaced with "six months".

①It is not permissible to accept an application to register the dissolution of an adoptive relationship until the dissolution thereof has been found not to violate any of the provisions of paragraph (2) of Article 739 as applied mutatis mutandis pursuant to the preceding Article, Article 811, Article 811-2, or the provisions of any other law or regulation.

②Even if an application to register the dissolution of an adoptive relation is accepted in violation of the provisions of the preceding paragraph, this does not impair the validity of the dissolution.

①A party to an adoption may independently initiate proceedings to dissolve the adoptive relationship only in one of the following cases:

②The provisions of Article 770, paragraph (2) apply mutatis mutandis to a case as set forth in item (i) or item (ii) of the preceding paragraph.

If an adopted child has not attained the age of 15, an action to dissolve the adoptive relationship may be initiated by or against a person who may reach an agreement with the adoptive parent or parents to dissolve the adoptive relationship pursuant to the provisions of Article 811.

①An adopted child reverts to the surname used before the adoption upon dissolution of the adoptive relationship; provided, however, that this does not apply in the event of a dissolution of the adoptive relationship between the adopted child and only one of the adoptive parents that adopted that child together with the spouse.

②A person who has reverted to the surname used before adoption pursuant to the provisions of the preceding paragraph and who has done so after seven years have passed since the date of the adoption may take the surname used at the time of the dissolution of the adoptive relationship by filing a registration pursuant to the provisions of the Family Register Act within three months of the date of its dissolution.

The provisions of Article 769 apply mutatis mutandis to the dissolution of adoptive relationships.

①At the request of a person becoming an adoptive parent, the family court may allow an adoption to be entered into which extinguishes the kinship between the child and the natural relatives thereof (referred to hereinafter in this subsection as a "special adoption") if the requirements prescribed in the following Article through Article 817-7 are met.

②The permission referred to in Article 794 and Article 798 is not required in order for a person to make the request referred to in the provisions of the preceding paragraph.

①The person becoming an adoptive parent must have a spouse.

②One party to a marriage may not become an adoptive parent unless the other party to the marriage also becomes an adoptive parent; provided, however, that this does not apply if one party to a marriage becomes the adoptive parent of the child in wedlock of the other party to the marriage (but not of a child adopted other than through a special adoption).

A person who has not attained 25 years of age may not become an adoptive parent; provided, however, that even if, in a married couple becoming adoptive parents, one of the parties to the marriage has not attained 25 years of age, so long as that party has attained 20 years of age, this does not apply.

①A person who has attained 15 years of age at the time of the request prescribed in Article 817-2 may not be adopted. The same applies to a person who has attained 18 years of age before the special adoption is formed.

②The provisions of the first sentence of the preceding paragraph do not apply if the person to be adopted has been continuously in the custody of the person to become the adoptive parent since before reaching 15 years of age and there are unavoidable reasons why the request prescribed in Article 817-2 was not made by the time the person reached 15 years of age.

③If the person to be adopted has attained 15 years of age, the consent of that person is required for entering into a special adoption.

In order for a special adoption to be entered into, both parents of the person being adopted must consent to the special adoption; provided, however, that this does not apply if the parents are incapable of manifesting an intention, nor does it apply in a case of abuse or willful abandonment by the parents of the person being adopted or if the parents have otherwise been the cause of grave harm to the interests of the person being adopted.

A special adoption is only to be allowed if it is exceedingly difficult or inappropriate for the parents of the person being adopted to care for the child or any other special circumstances exist, and the special adoption is found to be particularly necessary in the interests of the child.

①The state of affairs after not less than six months of the persons becoming the adoptive parents caring for the person being adopted must be taken into consideration before a special adoption is allowed to be entered into.

②The period referred to in the preceding paragraph is calculated beginning from the time of the request provided for in Article 817-2;provided, however, that this does not apply if the care situation is evident prior to the request.

The kinship between an adopted child and the natural parents and blood relatives thereof is extinguished by a special adoption; provided, however, that this does not apply to the kinship with the other spouse provided for in the proviso to Article 817-3, paragraph (2) and the blood relatives thereof.

①At the request of the adopted child, the natural parents thereof, or the public prosecutor, the family court may dissolve the adoptive relationship among the parties to a special adoption in a case that falls under both of the following items, if the court finds there to be a particular need to do so in the interests of the adopted child:

②The dissolution of a special adoption may not be effected other than in a case under the provisions of the preceding paragraph.

The same kinship that was extinguished by the special adoption arises between the adopted child and the natural parents and blood relatives thereof from the date of the dissolution of the adoptive relationship.

①Parents must, in order to ensure the sound mental and physical development of the child, respect the child's personality and raise the child with consideration for the child's age and degree of development, and must also support the child so that the child can maintain a standard of living equivalent to their own.

②Regardless of whether or not they are in a marital relationship, parents must respect each other's personality and cooperate with each other, in the interests of the child, with regard to the exercise of rights or performance of duties concerning the child.

①In addition to the cases of Article 766 (including as applied mutatis mutandis pursuant to Articles 749, 771 and 788), matters necessary for contact between a child and the father or mother or other relatives living apart from the child are determined by agreement of the parents. In this case, the interests of the child must be given the highest priority in the consideration.

②If the agreement referred to in the preceding paragraph is not reached or if discussions toward such an agreement cannot be held, the family court determines the matters referred to in that paragraph at the request of the father or mother.

③If the family court finds it necessary, it may, at the request of the father or mother, change a determination under the preceding two paragraphs.

④The family court that has received a request under the preceding two paragraphs may determine that contact between a relative other than the parents and the child is to take place, only if it finds it particularly necessary for the interests of the child.

⑤A request for a ruling under paragraph (2) or paragraph (3) regarding the determination referred to in the preceding paragraph may also be made by a relative of the child other than the parents (in the case of persons other than the child's lineal ascendants and siblings, limited to those who have previously had custody of the child); provided, however, that this does not apply if there is another appropriate method for making a determination on contact between that relative and the child.