Q&A  - Children -
		Q1. I am a Filipina woman, married to a Japanese man with a three year old child. Not only does my husband bring no money to the house, he has also not been back to the house for more than one year. Am I entitled to a child support allowance?
		A1. Neglecting one's duty to one's family and abandoning them is regarded as 'abandonment' under the civil code, and is grounds for divorce in court. There is the option of having mediation towards restoring marital relations, but here I will explain about Child Support Allowance (児童扶養手当（jidoufuyouteate）). Under the law, families without fathers (single mother households, etc), are provided with child support. The definition of being without a father includes, of course, cases of divorce, but also death, going missing, abandonment, detention, and severe disability. Apart from the cases of divorce and death, there are certain criteria which must be met for administration purposes. For example, in the case of abandonment, the father must be officially acknowledged as having been absent for over one year. Also, the allowance will go to a parent who is not proved to be unmarried, but will cease at the time that the parent is found to be unmarried. Children eligible for support can be divided into the following categories. 1. Those children whose parents are divorced, 2. Whose father has died, 3. Whose father abandoned them over one year ago 4. Who were born out of wedlock, 5. Whose father is jailed for more than one year, 6. Whose father is missing, presumed dead, 7. Whose father has a serious (level 1 or 2) disability. Here, a 'child' is considered to be under the age of 18 (up until the first 31st March after the child turns 18) and the recipient is the mother and/or the carer of the child. The allowance is limited in proportion to the income of the carer and that of any cohabiting supporter, but is based on the income of the previous year, so in the case that the carer was not in Japan the previous year, he/she will be considered to be without income. Accordingly, it should be possible for you to receive child support.
		Q2. What sorts of things should I know if I become pregnant?
		A2. Pregnancy notification and the "mother and child health handbook" (母子健康手帳（boshikenkoutechou）). In Japan, when a woman becomes pregnant she submits a pregnancy notice (妊娠届(ninshintodoke) to the city office nearest her home. The submission process differs from place to place, so please ask at your city office for more details. When pregnancy is declared, the Mother and Child Health Handbook is issued. It is a handbook for recording the mother and child's health check-ups and the child's development. It also contains information about health check-ups, vaccinations, and various preventative health information. The handbook is necessary for future check-ups, health guidance and vaccinations, so make sure that you receive one. Furthermore, with the handbook you can get your check-up medical card and use the any medical system in the prefecture for free. (Yokohama, Kawasaki, Yokosuka and Sagamihara have different laws, so please inquire at your city office if you live in one of these cities). English and Chinese versions of the handbook are available from JOICFP (Japanese Organisation for International Cooperation in Family Planning). Those who desire this service should send a postcard specifying how many copies are required along with the person's name and mailing address. The fee and mailing expenses can be paid by bank transfer afterwards. Mail to: JOICFP Tokyo 162 0843 Shinjuku-ku Ichigaya Tamachi 1-10 Hoken Kaikan Shinkan Telephone 03 3268 5875
		Q3. We are a Filipino couple who have overstayed our visas. My husband has no regular work and I am about to have a child. Can I receive any public assistance?
		A3. If you declare your pregnancy at your ward or city office you will receive a Mother and Child Handbook. Languages other than Japanese are available, so please ask at the counter. With the handbook you can receive free tickets for pregnancy check-ups and infant general health check-ups. However, if you do not have a proper visa for staying here you cannot use the free tickets. Theoretically the cost of the birth is to be borne by you. In your case, I think you should be able to use the "in hospital delivery" system, so please consult with your local welfare office. This system doesn't need to know if you have permission to be in Japan. Make an application explaining your financial situation in detail. If you need an interpreter please talk to your local citizens' association (市民団体(shimindantai)). The costs related directly to the birth can be subsidised, but things like miscellaneous costs while you are in hospital (up to 15,000 yen), or hospitalisation for things like the threat of miscarriage or other dangers, will be your own responsibility.
		Q4. I am a Filipina woman who has married for the second time, to a Japanese man. 195 days after marriage I had a child. Is my child recognised as being the legitimate child of my current husband?
		A4. Under law 772 of the Japanese Civil Code, Article 2, "If a child is born within 300 days of a marriage being annulled or otherwise terminated or if it is born within 200 days of the marriage taking place, it is considered to have been conceived during that marriage. As long as the lapse of conjugal relations did not take place before you gave notice of separation with your former husband, this law applies, and a child that is born within the 195 days after you separated is considered to be the child of your former husband. On the other hand, under Article 168 of the Family Law of the Philippines, 1) If a child is born within 300 days of a previous marriage or fewer than 180 days after a second marriage has commenced, the child is considered to have been conceived during the first marriage. Under Filipino law also, this woman's child would be considered the legitimate child of the previous marriage. Regarding children in this sort of situation, Section 1, Article 17 of Japan's law governing the application of laws, says that "when a child is deemed legitimate by the law of the country of one of the parents at the time of the child's birth, then that child will be considered legitimate." Accordingly, if the child is legitimate by the laws of the father or the mother at the time of its birth, then the child will be accepted as legitimate.
		Q5. I am a Japanese woman with a Filipino husband. I had a child 190 days after we were married but I heard that under Japanese law the child would not be legitimate. Is this really true?
		A5. To answer your question we need to understand how the legitimacy of children is decided under Japanese and in Filipino law. Where there is a case where the two countries' laws do not agree, then as is clear in Section 1 of Article 17 of the Japanese law governing the application of laws, "when a child is deemed legitimate by the law of the country of one of the parents at the time of the child's birth, then that child will be considered legitimate," Accordingly, if the child is legitimate under the laws of the father or the mother's countries at the time of its birth, then the child will be accepted as legitimate. According to Filipino Family Law, Article 168, "In the case that the mother remarries within 300 days of a previous marriage ending, unless there is proof to the contrary, a child born within 300 days of the first marriage ending, or fewer than 180 days after the second marriage takes place, will be deemed to have been conceived during the first marriage." On one hand, Section 2, Article 772 of the Japan Civil Code holds that "if a child is born fewer than 300 days after the annulment of a marriage or more than 200 days after the commencement of the marriage, it will be held to have been conceived during the marriage." By these laws, we can say that in your case, a child born to a Japanese mother and a Filipino father within 180-200 days after the marriage took place, the child will not be recognised as legitimate under Japan's Civil Code, but under Filipino law it will be legitimate, so according to the previously mentioned law, the child is considered legitimate after all.
		Q6. My wife (a Filipina) had a child with her previous husband. Can we bring the child to Japan?
		A6. Naturally, a foreigner who has married a Japanese person has "spousal" residency status and so may reside in Japan, but what about the case of a child born to a former husband (a step-child)? The immigration law states that "a child who is a minor and lives with the support and care of its true parent who is the spouse of a Japanese, and resides in Japan with the residency status of a spouse," can receive the residency status of "permanent resident." Accordingly, if the following conditions are met then the child can receive permanent residency, enter and reside in Japan. 1) The father is Japanese 2) The parent, as the spouse of a Japanese citizen, has residency and is actually resident in Japan 3) The person in question is the true child of the parent 4) The person in question is a minor 5) The person in question is unmarried 6) The person in question is dependent on the parent living in Japan for his/her livelihood However, if the spouse (in this case the husband) dies or divorces, in principle the wife will lose her spousal residency status and the child will also lose the "permanent residency." However, there are many cases where the mother and her child, depending on the level to which they have integrated into Japan, will be both given special permanent residence even in these cases.
		Q7. I am a Filipina who has overstayed her visa. I had a child in Japan. Is it absolutely imperative to register the birth?
		A7. When a new child is born, in principle the following administrative procedures must be carried out: 1) Birth Certificate (出生証明書(shusseishoumeisho)): For a child born in a hospital, birthing clinic, or at home, the attendant doctor or midwife must make out a birth certificate. 2) Birth registration (出生届(shusseitodoke)): Under Family Register Law Article 49, a birth must be registered within 14 days at the government office. 3) Foreign Ministry Certification (外務省による認証(gaimushouniyoruninshou): The above-mentioned Certificate of Birth is lodged with the local government, whereupon a certificate of receipt of registration is issued. One takes that certificate, along with other identification (such as an alien registration card or passport) to the Foreign Ministry's Certification section, and has the Certificate of Receipt of Birth Registration certified. The certified Certificate of Birth Registration will be issued the following day. This procedure must be followed within 3 months of the issue of the Certificate of Receipt of Birth Registration. 4) Applying for nationality: With the Certificate of Birth Registration Receipt certified by the Foreign Ministry, you can apply for nationality at your own country's embassy. Now, with regard to your question, overstayers must also complete the procedures described above. Without a Birth Certificate and a Receipt Certificate, even if the child returns to its own country it will be without nationality. If you, an overstaying Filipina, intend to return home to the Philippines, if you just take the Birth Certificate without going through the other procedures, you can obtain nationality for your child at the Embassy of the Philippines (or consulate) before going home. Alternatively, if you and your Japanese partner are in a defacto relationship, the child cannot return to your home country without you. So in the case that you and the new baby wish to return to your country, you should first go to your local government office to register the birth, apply for nationality at the Embassy of the Philippines, attend the Immigration Office, and get the child an Overseas Voyage Certificate (渡航証明書(tokoushoumeisho) at the Embassy. Whatever your intentions, you ought to register the birth.
		Q8. Please tell me about the "School Attendance Support System."
		A8. Boards of Education (教育委員会(kyouikuiinkai)) in each local government operate assistance schemes for parents in financial difficulties, supplying stationery, textbooks and school lunches, so that children at public elementary and junior high schools can study comfortably. 1. Those who can receive assistance include: �@ Those receiving basic living assistance (生活保護(seikatsuhogo)) �A Those receiving family allowance (児童扶養手当(jidoufuyouteate)) �B Those whose household income is below a certain standard (Note: Please consult the homeroom teacher about the standard) �C Those who have difficulty studying for economic reasons not included above (eg. If the family income falls because the main earner becomes unemployed, or because of divorce) 2. Application Process �@ Study assistance is approved every year �A Applications should be made one per household For more detailed information please speak to your child's homeroom teacher.

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