Thursday, May 15, 2008

Presumption of Paternity and Divorce

"FURUKAWA, Miyagi -- A woman has been arrested for forging divorce papers, possibly to avoid a new baby being recognized as the child of her ex-husband, police said.

"Maki Horiguchi, 36, of Kami, Miyagi Prefecture, was arrested for forgery and use of official documents.

"Police said that during December 2006, Horiguchi filed documents with the Osaki Municipal Government using a forged signature of her husband at the time. The husband had refused to formally end the marriage, but when he saw his family register marked him as divorced, he complained to the police.

"Horiguchi re-married and had a child with her current husband last year. She formally married her current spouse in January.

"Under Japanese law, the paternity of any child born within 300 days of a divorce is automatically recognized as the previous spouse's. Police believe Horiguchi may have forged the divorce papers to avoid having her former spouse being the legal father of her youngest child."

By Mainichi Shimbun (5/14/2008), Link to article (last visited 5/15/2008)

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