acquire nationality when his/her paternity is acknowledged after birth and his parents subsequently become married. However, the child whose paternity is acknowledged after birth cannot by his own will bring about marriage between his biological parents. The Supreme Court ruled in 2008 that Article 3 of the Nationality Act 3 was unconstitutional for lack of reasonable relevance in making marriage as a condition for the child to acquire nationality. In considering the changes in social and economic circumstances in Japan, the Supreme Court noted that:95 Japanese nationality is the qualification for being a member of the State of Japan, and it is an important legal status that means a lot to people in order to enjoy [the] guarantee of fundamental human rights, obtain public positions or receive public benefits in Japan…Whether or not a child can acquire the status of a child born in wedlock as a result of the marriage of the parents is a matter that depends on an act relating to the personal status of the parents, which cannot be affected by the child’s own intention or efforts… Differentiating treatment between children acknowledged before and after birth in acquiring nationality cannot be justified by the legislative purpose of measuring the closeness of the tie between the children and Japan and amounts to discrimination even if the discretionary power vested in the legislative body is taken in account. As a consequence of this ruling, the Nationality Act was revised on December 12, 2008 (effective as of January 1, 2009). The amended provision stipulates that the child born out of wedlock can acquire Japanese nationality if his father acknowledges paternity after birth even if the parents are not legally married. Interim regulations allow those born after January 2, 1983 and acknowledged before age 20 to obtain Japanese nationality by notifying the Minister of Justice by December 31, 2011. These measures helped eliminate the discrepancy between children acknowledged after and during pregnancy. However, when paternal acknowledgment comes after birth, the child acquires Japanese nationality by notification, so s/he might lose the nationality s/he acquired at birth (granted by the laws of her/his mother’s state) from the perspective of dual nationality prevention. However, this does not occur when paternal acknowledgement comes during pregnancy, as s/he acquires Japanese nationality at birth. This disparity remains. 95 Judgment of the Supreme Court (Grand Bench June 4, 2008) http://www/courts.go.jp/english/judgements/text/2008.06.04. 38