In Japan, nationality is not determined simply by where a child is born.
Some countries, such as the United States, generally grant nationality based on birthplace. Japan does not follow that system as its basic rule. Instead, the parents’ nationality is usually what matters.
If either the father or mother is a Japanese national at the time of the child’s birth, the child generally acquires Japanese nationality. This can apply whether the Japanese parent is the mother or the father.
On the other hand, if both parents are foreign nationals, being born in Japan alone does not give the child Japanese nationality.
What nationality the child acquires then depends on the laws of the parents’ countries. Some countries pass nationality to children automatically, while others may require a birth registration or other procedure. If the parents have different nationalities, the child may acquire two or more nationalities depending on the laws involved.
A child born to one Japanese parent and one foreign parent may also acquire both Japanese nationality and the foreign parent’s nationality at birth.
There are some exceptions in Japan. A child born in Japan acquires Japanese nationality if both parents are unknown, or if both parents are stateless. This is an important exception that can prevent a child from being left without any nationality.
There are also cases in which the legal relationship between a child and a Japanese parent affects nationality. For example, recognition by an unmarried Japanese father can involve additional rules. In such cases, it is safest to confirm the details with a Legal Affairs Bureau.
If both parents are foreign nationals, they may also need to contact their country’s embassy or consulate to confirm the child’s nationality and any required registration.
So the key question is not simply “Was the child born in Japan?”
It is “What nationalities do the parents have, and how do the nationality laws of the countries involved apply to the child?” The answer to those questions determines what nationality or nationalities the child may acquire.
References
- Ministry of Justice, “Nationality Q&A”
- Ministry of Justice, Nationality Act
- Immigration Services Agency of Japan, “Application for Permission to Acquire Status of Residence”
