“Stateless” in the “Nationality/area of origin” column. 87 C’s mother also consulted a
different legal affairs bureau located in the Kanto region on her own regarding
naturalization and C’s acquisition of nationality. However, the official in charge did not
explain facilitated naturalization and gave a misleading explanation giving the impression
that stateless persons could not be naturalized at all.
Later, the legal representative of A, B, and C contacted each legal affairs bureau by
phone to make an appointment for consultation regarding naturalization. However, the
attorney was told that naturalization of the minors could not be processed and that for
each legal affairs bureau, it was necessary for the lawyer to indicate the provision in
Article 8(iv) of the Nationality Act and the stateless status of the concerned child under
the law of Paraguay in order to make an appointment. In one legal affairs bureau, it took
several days of internal confirmation before an appointment for consultation was
accepted.
2. < Case 2 > A child whose mother is from Myanmar and father is unknown
D, a Myanmar national who was studying in Japan, gave birth to E in Japan in 2015. D
had had relations with more than one man at the time she became pregnant with E, and
it was not clear who was E’s (biological) father was. According to Article 7 of the 1982
Citizenship Law of Myanmar, a child cannot acquire Myanmar nationality by birth unless
both of the parents are Myanmar nationals. 88 E was not able to acquire Myanmar
nationality because E did not meet the criteria of having parents who are both Myanmar
nationals, with the father being unknown. In fact, after E’s birth when a staff member of
the general incorporated association Across Japan, which assisted E’s special adoption,
accompanied D on her visit to the Embassy of Myanmar in Japan and tried to register E’s
birth, the officer in charge demonstrated discriminatory conduct for the woman having
had a child out of wedlock, and the birth registration was denied.
The Nationality Act of Japan adopts the principle of jus sanguinis, and because the
nationality of the mother D is Myanmar, there was no room for E to acquire Japanese
nationality by birth. Therefore, E was a stateless person who did not acquire the
nationality of any State by birth and was not considered as a national by any State.
The mother D was young and financially unstable and had no wish to raise a child. D
consulted the general incorporated association Across Japan about adoption. Since the
seventeenth day after birth, E has been raised by an American and Japanese married
couple. When E applied for residential status at a local immigration bureau located in the
Kanto region, E’s nationality was determined as “Stateless” and E was granted the status
of short-term resident. Later, when their request for special adoption (Civil Code Article
87
The facts of Case 2 are based on a hearing from the parents and their counsel (28 August 2015). C
applied for naturalization in August 2015 and was granted Japanese nationality in May 2017.
88
Burma Citizenship Law (15 October 1982). Reference was made to the following English translation:
http://www.refworld.org/docid/3ae6b4f71b.html.
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