DNA tests and the 300 days after divorce problem② [Solutions]

DNA親子鑑定と離婚後300日問題

Solutions for the 300 days after divorce problem

Last time we uploaded an article about the 300 days after divorce problem, and now we would like to explore solutions. You can read the DNA tests and the 300 days after divorce problem① here.

We received the following question from one of our readers: “What should I do if I find out I am pregnant after I get divorced?“
In this situation, if it is clear that the woman became pregnant after the divorce there is no problem.
From 2007, even for children born during the 300 days after a divorce, an OBGYN can issue a certificate certifying the gestation time of the pregnancy, and it is possible for the actual father of the child to be listed on the birth certificate.

However, in reality, most pregnancies caught up in the 300 days after divorce problem seem to be pregnancies that started before the divorce was finalized.

Solving the 300 days after divorce problem with DNA Testing

In the past, to prevent a child born during the 300 days after a divorce from being unregistered, the former husband of the mother was registered as the father of the child, regardless of who the actual father might be.
Before DNA testing was developed and became available, it seems that many couples chose this option for themselves.

Now, with the advancement of DNA testing, it is possible to prove that the former husband is not the biological father, and DNA testing can serve as a means of solving the 300 days problem.
There is one example where a DNA test was used to prove that a former husband was not the biological father of the child, and the mother was able to register her current husband as the father for the child`s family register.
(In this case, DNA from the child and the current husband were used, and the biological parent-child relationship confirmed. A DNA sample of the former husband`s was not used.)

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It is possible for the former husband to have family court negate his paternity of the child within 1 year of reporting the child`s birth.
If a year goes by after a child`s birth, before to issuing a birth certificate, family court can mediate a “parent-child relationship absence confirmation,” where it is necessary to prove that there is no biological parent-child relationship between the child and the former husband.
If the former husband has been on an extended business trip, or is living separately from the mother, from an objective point of view there is no possibility that he is the biological father of the child, and it is possible to petition family court for proof that there is no biological parent-child relationship.
In the past there have been cases where mediation failed and the mother gave up on having a DNA test done due to the former husband`s lack of cooperation. Family court now takes situations like these into consideration. It is now possible for the current husband and real father to participate in a DNA test to prove the biological relationship, and have the child registered on his family register.
If the cause of divorce is due to the suffering domestic violence at the hands of the former husband, legal matters can become more complicated. Instead of trying to solve the problem alone, we recommend that you consult with a lawyer right away for professional help.

Depending on the situation of someone experiencing the 300 days after divorce problem, the type of DNA test needed may be different. Please consult with seeDNA once before applying for a DNA test


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