Koseki

A or family register is a Japanese family registry. Japanese law requires all Japanese households to make notifications of their vital records (such as births, adoptions, deaths, marriages and divorces) to their local municipal authority. Domestic aspects such as marriages, divorces, acknowledgements of paternity of non-marital children, and adoptions, are only legitimized if they are recorded on the ''koseki''. Births and deaths become legally effective as they happen, but such events must be filed by family members or other persons as allowed by law.

''Koseki'' registration is required by all Japanese citizens, and possessing one is definitive proof of Japanese nationality, unless a renunciation application is made, which is subsequently recorded on the ''koseki'' for reference. Along with the ''koseki'' registration, Japanese citizens are individually required to submit a notice of residence (Jūminhyō, 住民票). Foreign residents are not allowed to file for a ''koseki'', and are only required to submit a Jūminhyō.

History

Introduced in the 6th century, the original population census in Japan was called the or the . This census was introduced under the ''ritsuryō'' system of governance. During the Shogunate, there were four major forms of population registration: the (Registry of Human Categories), the (Religious Inquisition Registry) also called the ''shūmon aratamechō'', the (Five Household Registry) and the (Death Registry). The ''shūmon jinbetsu aratamechō'' was created around 1670 and lasted almost 200 years. It combined social and religious registration, and data was renewed annually. Several categories of outcasts were not registered at all under this system, or were registered in specific registers, for instance the burakumin.David Chapman
Geographies of Self and Other: Mapping Japan through the Koseki
in ''The Asia-Pacific Journal'' Vol 9, Issue 29 No 2, July 18, 2011 The modern koseki, encompassing all of Japan's citizenry, appeared in 1872, immediately following the Meiji Restoration. This was the first time in history that all Japanese people were required to have family names as well as given names. Although all previous social categories were abolished and almost all Japanese people were recorded as ''heimin'' (commoners), some minorities became labelled as "new commoner" or "original eta" (''shinheimin'' or ''motoeta''), and discrimination went on. Problems also happened at the edge of the national territory, for instance in the Ogasawara Islands.

During the course of the Empire of Japan, a number of reforms were carried out after 1910 to eliminate double standards in the koseki system. In general, though, residents of the Empire's colonies held external registries (''gaichi koseki'') (based on the preexisting Hoju) and Japanese held domestic registries (''naichi koseki'').

After the full revision of the Family Register Act in 1947 (enforced the following year), the household, known as "'' ie''" were redefined to a narrower scope (married couples and their unmarried children), thus limiting the maximum number of generations under the same ''koseki'' to two generations.

In 2003, the "GID Law" was enacted, enabling people with "gender identity disorder" (GID) or gender dysphoria to change their gender on their ''koseki'' provided they meet certain conditions. Persons diagnosed with GID must seek an official diagnosis with letters of support from two independent psychiatrists to change their ''koseki'' gender. A person with functional reproductive glands or a married person cannot change their ''koseki'' gender.

Format

There are two main types of certified copies of ''koseki'': the Comprehensive Copy of ''Koseki'' (戸籍謄本, ''koseki tōhon'') and Selected Copy of ''Koseki'' (戸籍抄本, ''koseki shōhon''). The comprehensive ''koseki'' is a record of all family members, while the selected ''koseki'' is the information for only one individual family member.

A typical ''koseki'' has one page for the household's parents and their first two children: additional children are recorded on additional pages. Any changes to this information have to be sealed by an official registrar.

The following items are recorded in the ''koseki''.
(Law of Family Register, (戸籍法, ''kosekihō''), articles 9 and 13.)

*(header) registered domicile (''honseki'')
*(header) family name and given name of the "head of the ''koseki''", i.e. the first person shown on the ''koseki''. This family name will be shared by all the members of this ''koseki''.
*given name
*date of birth
*date of records and causes (marriage, death, adoption, etc.)
*names of natural parents or, when there is a plenary adoption, name of adoptive parents
*if adopted (non-plenary), names of the adoptive father and/or mother
*if married, whether the person is a husband or a wife
*if transferred from another ''koseki'', the former ''kosekis header information
*other matters as specified by ordinance.

When an individual is transferred from one ''koseki'' to another, certain pieces of registered information are duplicated onto the new ''koseki'', while others are not. For example, information regarding birth, current marital status, and loss of foreign nationalities is transcribed without alteration. Conversely, details concerning divorces or acquisition of Japanese nationality through naturalization are not included in the new ''koseki''. However, former ''koseki'', referred to as ''joseki'' when all its members are deceased or transferred, are not discarded. Copies of a ''joseki'' can be obtained when necessary.

Additionally, the pronunciations (readings) in katakana of the family name and each member's given name will be also recorded on the ''koseki''. This clause will take effect on May 26, 2025. However, the katakana entries may be added gradually from that date through to fall 2026, depending on the case—at least for Japanese nationals residing in Japan.

Imperial family

Members of the Imperial Household of Japan are registered not in a koseki but in a Register of Imperial Lineage (皇統譜, ''kōtōfu'') instead, according to Article 26 of the Imperial House Law. The Register of Imperial Lineage is composed of the ''Taitōfu'' which handles matters related the emperor and the empress, and the ''Kōzokufu'' which handles matters related to the other members of the Imperial Household.

Citizenship

The ''koseki'' serves as a certificate of citizenship, as only Japanese citizens have one. Providing a certified copy of ''koseki'' is mandatory to apply for a Japanese passport.

When a person is naturalized to Japan (authorized by the Minister of Justice and properly noticed through the Official Gazette), this person has to declare the creation of a new ''koseki'' or join her/his Japanese spouse's ''koseki'' within one month after the notice. Besides, any loss of a foreign nationality that was not already lost before the naturalization date should be registered on the ''koseki'' within one month from the date of learning the fact of loss of foreign nationality (Family Register Act, article 103).

Foreign nationals may be mentioned in a ''koseki'', for example, as a spouse or parent of a Japanese citizen,Fujiwara City Council
戸籍の附票の写し
opy of the Koseki Family Register Supplement Retrieved July 1, 2021 but they are not registered as a genuine member in the ''koseki'', which is strictly for Japanese nationals.

Address history and domicile transfers

The ''koseki'' system differs from residency registration. Japanese citizens and foreign residents are required by law to submit a notice of residence to their municipality, while the establishment of a koseki is only reserved for Japanese nationals. For Japanese nationals, their residency registration is linked with their ''koseki''. Each residency change is reported by the municipality in which the person actually lives to the ''honseki-chi'' (the municipality of the registered domicile), which records the residency history on a supplementary page called ''koseki no fuhyō'' (). ''Koseki'' serves as the record of all the address history. Addresses abroad are also included, through the Overseas Residential Registration.

It is possible to transfer a ''koseki'' from one registered domicile to another. Any domiciliation is possible within the boundaries of the Japanese territory. After a transfer, some of the information shown on the preceding ''koseki'', including the history of addresses, are not transcribed to the new one. But it is still possible to return to the previous ''koseki'' information because the preceding ''koseki'' domicile and name is always noted, allowing traceability. A ''koseki'' is supposed to be kept at least 150 years by the municipality in charge, even after all its members have passed away, been transferred to other ''koseki'' or have lost their Japanese nationality.

Privacy concerns and other criticisms

Information provided in ''koseki'' is detailed and sensitive and makes discrimination possible against such groups as burakumin or illegitimate children and unwed mothers, for example. As the burakumin liberation movement gained strength in postwar Japan some changes were made to family registries. In 1974 a notice that prohibited employers from asking prospective employees to show their family registry was released by the Ministry of Health and Welfare. In 1975 one's lineage name was deleted and in 1976 access to family registries was restricted. As of April 2007, anyone interested was eligible to get a copy of someone else's ''koseki''. However, on May 1, 2008, a new law was implemented to limit the persons eligible for a copy to the persons whose names are recorded in a given ''koseki'' and those who need such a copy to exercise their due rights (debt collectors, executors of wills).Law on Family Registry, Article 10, 戸籍法第10条 Anyone who is listed on a koseki, even if their name has been crossed off by reason of divorce and even if they are not a Japanese citizen, is eligible to get a copy of that koseki. One can obtain a copy in person or by mail. Lawyers can also obtain copies of any ''koseki'' if a person listed is involved in legal proceedings.

The ''koseki'' simultaneously fills the function of birth certificates, death certificates, marriage licenses, and the census in other countries. It is based on family rather than each individual. For married couples, only one family name may appear on the koseki, which means that one person has to abandon his or her family name when he or she marries. Usually it is the woman. On December 15, 2015, the Nikkei Asian Review reported that Japan's Supreme Court upheld a legal provision forcing married couples to use the same surname. Plaintiffs had argued that the legal provision amounts to "de facto discrimination against women."

Another concern is where children are not registered on the ''koseki''. The onus is on the parents to register the child, but there have been cases where this has not happened.

In September 2010, the Japanese government completed research into 230,000 "missing" persons age 100 years old or more. Some journalists claimed koseki is an antiquated system that enabled younger family members to receive the pensions of deceased elderly relatives.

''Koseki'' tends to be criticized by commentators or activists situated on the left-wing of the Japanese political spectrum, because its rigid framework functions as a barrier against societal innovations, and because the history of any citizen is easily searchable. On the contrary, other views praise the state-of-the-art reliability and traceability offered by this system for more than 150 years.Tokai City official website. http://www.city.tokai.aichi.jp/item/26253.htm

Family registries in other countries

A similar registration system exists within the public administration structures of all East Asian states influenced by the ancient Chinese system of government. The local pronunciations of the name of the household register varies, but all are derived from the same Chinese characters as that for ''koseki'' (in traditional ). These states include People's Republic of China (''hukou''), Republic of China (Taiwan) ('' hùjí''), North Korea ('' hoju'', ''hojeok'', ''hojok'') and in Vietnam ('' hộ khẩu''). In South Korea, the ''hoju'' system was abolished in 2008.

See also

* Hukou (China equivalent)
* Hùjí (Taiwan equivalent)
* Birth certificate
* Propiska in the Soviet Union
* Resident registration in Russia

References

{{Reflist

External links

"Overview of the ''koseki'' Family Registration System" on Japan Children's Rights Network site, April 2007

Civil registries
Japanese family registers
Japanese family structure
Japanese words and phrases
Law of Japan

ja:戸籍#日本