Question from a reader:
If I become pregnant without submitting a marriage registration, is it possible to continue the pregnancy after breaking up? If I end up pregnant after breaking up before marriage, I think I will have to give birth, but even if we are not married, we will still be parents to the child, right? I believe there are
such families in Japan, but legally, who are considered the parents of the child? Also, which parent is more likely to end up in a custody battle?

Considering Unmarried Pregnancy and Custody

Hello everyone. Today, I would like to talk about a somewhat sensitive topic. It concerns the legal aspects of becoming pregnant without submitting a marriage registration. Recently, a friend asked me, “What happens if I get pregnant after breaking up?” This question prompted me to think about it. I have seen a lot behind the scenes in the entertainment industry, but when it comes to legal matters, it can be quite complicated.

Legal Situation When Pregnant Before Marriage

First, let’s consider what happens when a couple has not submitted a marriage registration and one becomes pregnant. Under Japanese law, it is certainly possible to become pregnant even if you are not married. And giving birth is also possible. At this point, the child is recognized as the mother’s child. For example, let’s say my friend A is dating his girlfriend and they have no plans to marry, but then she discovers she is pregnant. A ends up breaking up with her, but she decides to go through with the birth. In this case, the child will legally be recognized as A’s “child,” but the issue arises regarding how to handle the rights and responsibilities of being a father.

Legally, Who Are the Parents?

After the birth, legally, the mother will have custody of the child. If the couple is not married, the father must officially acknowledge the child to have parental rights. Acknowledgment means that the father officially recognizes the child as his own. By doing this, the child will be recognized as the father’s legal child, and he will have rights regarding custody. As a side note, I once saw a comedy show where an unmarried father learned the term “acknowledgment” and, while holding his child, shouted, “This is life’s acknowledgment!” It made me laugh, but the reality of the law is serious, so it’s not really a laughing matter.

Custody Disputes

Now, returning to the question of which parent would have the advantage if a custody dispute arose. Under Japanese law, custody typically belongs to the mother. However, if the father has acknowledged the child, he can also claim custody. It is important to note that custody does not automatically belong to the mother. For instance, if A acknowledges the child and later disputes custody with the mother, the court will assess both parties’ situations and choose the parent who can provide the best environment for the child. Factors such as financial stability, childcare environment, and both parties’ willingness to participate in parenting will be considered.

The Reality of Custody Trials

The likelihood of going to court depends on the specific circumstances. For example, if A is financially stable and actively involved in parenting, he may have a chance of obtaining custody. However, if the mother is the primary caregiver, custody will often be granted to her. Thus, while the law tends to favor the mother, it does not guarantee that this will always be the case. I once heard a story about a man who fought for custody and was asked by the judge, “What are you doing to raise the child?” He replied, “I tell them they can come over to play whenever they want.” The judge reportedly looked at him coldly. The point is, no matter how much you claim to want custody, what matters is whether you are truly prepared to raise the child.

Conclusion

If you become pregnant without submitting a marriage registration, legally, the mother will have custody of the child, but the father can contest custody if he acknowledges the child. Custody disputes are often emotional, and the court will consider the best interests of the child in its decisions. If you find yourself in such a situation, I strongly recommend seeking professional legal advice. The legal world is complex, and expert guidance is essential. Let’s prepare thoroughly to fulfill our responsibilities as parents and provide the best environment for our children. See you in the next blog!