family law

Reiwa 2 (Ku) No. 102 Special Appeal Regarding Objection to a Mayor’s Disposition

The appellant-wife appealed to the Intermediate People’s Court of Wuxi Municipality, Jiangsu Province in relation to the lower court’s refusal to grant a divorce. The appellant alleged that her marriage with the appellee was irreparably broken and that he had committed domestic violence against her. The appellant alleged that the domestic violence was corroborated by their daughter’s testimony and photographic evidence.

The plaintiff-husband, who transitioned from female to male, and the plaintiff-wife requested the local public agency to amend their family registry to state the plaintiff-husband as the father of their child. The child was born by artificial insemination and had no blood relationship with the plaintiff-husband. The Supreme Court determined that, since the child was conceived by the plaintiff-wife during marriage, he is presumed to be a child of the plaintiff-husband under the Civil Code, and ordered the family registry to be amended.

Person X1 transitioned from female to male. X1 registered as a male and married a woman, X2, in 2008. In 2009, X2 bore a child. In 2012, X1 applied to have the family registry reflect that X1 was the child’s father and that the child was born while X1 and X2 were married. The ward mayor in charge of changes to family registries held that there was a problem with the application because Article 774 of the Civil Law was inapplicable to the child’s situation as the child was not related by blood to X1.