On 18 September the Japanese Supreme Court ruled that children born out of wedlock have equal rights to inherit from their parents. In the absence of a will, Article 900 of the Civil Code of Japan determines who will inherit the deceased person’s assets. In instances where the deceased person had children in and out of wedlock, those children born out of wedlock are entitled to only half of the share in the estate that a child born in wedlock is entitled to inherit.
Article 900 of the Civil Code has been the subject of repeat litigation dating back to 1995.
Click here to read more about the 1995 Constitutional case.
Litigation was based on the grounds that Article 900 was in contravention of the Japanese Constitution, namely article 14 which provides for equal treatment under law.
In September 2009, the International Committee on the Rights of the Child (the Committee) released its report in response to Japan’s submission under the International Convention on the Rights of the Child. The report recounts previous recommendations made to the government of Japan that children born out of wedlock be treated equally as those born in wedlock.
Click here to read the full Committee report.
According to House of Japan, this most recent decision will prompt the Japanese parliament to revise article 900 of the Civil Code, a provision dating back to 1898.