The Civil Code of Japan/Law of Nationality

A child is a Japanese subject, if at the time of his birth his father is such. The same applies, if the father, having died before the child’s birth, was a Japanese subject at the time of his death.

If the father before the birth of the child loses his Japanese nationality by divorce or by a dissolution of adoption, the provisions of the preceding article apply with relation back to the beginning of the pregnancy.

The provisions of the foregoing paragraph do not apply, if both parents quit the house, unless the mother returns to the house before the birth of the child.

When the father is unknown or has no nationality, the child is a Japanese subject, if the mother is such.

If both parents of a child born in Japan are unknown or have no nationality, the child is a Japanese subject.

An alien acquires Japanese nationality in the following cases:—

1. By becoming the wife of a Japanese; ​
2. By becoming the husband of a Japanese woman who is the head of a house, at the same time entering her house;
3. By being acknowledged by his father or mother who is a Japanese subject;
4. By adoption by a Japanese subject;
5. By naturalization.

The requisites for an alien’s acquiring Japanese nationality by acknowledgment are as follows:—

1. The child must be a minor according to the law of his nationality;
2. The child must not be the wife of an alien;
3. The parent who first acknowledges the child must be a Japanese subject;
4. If both parents acknowledge the child at the same time, the father must be a Japanese subject.

With the permission of the Minister of the Home Department an alien may be naturalized on the following conditions:—

1. He must have had his domicile in Japan for five consecutive years;
2. He must be at least twenty years old and a person of full capacity by the law of his nationality;
3. He must be a person of honest behaviour;
4. He must have either property or working ability sufficient for an independent livelihood;
5. He must have no nationality or must lose his nationality on acquiring Japanese nationality.

A wife of an alien can be naturalized only together with her husband.

An alien who has at the time his domicile in Japan can be naturalized, even though the conditions specified in Art. 7, No. 1 do not exist, in the following cases:—

1. If one of his parents is or has been a Japanese subject;
2. If his wife is or has been a Japanese subject;
3. If he was born in Japan;
4. If he has resided in Japan for ten consecutive years.

The persons mentioned in the preceding paragraph under Nos. 1–3 can be naturalized only if they have resided in Japan for three consecutive years; but this does not apply, if a parent of a person mentioned in No. 3 was born in Japan.

If a parent of an alien is a Japanese subject and such alien has his domicile at the time in Japan, he may be naturalized, even though the conditions specified in Art. 7, Nos. 1, 2 and 4 do not exist.

The Minister of the Home Department may with the sanction of the Emperor permit the naturalization of an alien who has done specially meritorious services to Japan, without regard to the provisions of Art. 7.

Public notice of a naturalization must be given.

A naturalization can be set up against a third person acting in good faith only after such notice.

The wife of a person who acquires Japanese nationality acquires it together with her husband, unless she expresses a contrary intention within one month from the time when she had notice of her husband’s acquisition of Japanese nationality.

These provisions do not apply, if the law of the wife’s nationality provides to the contrary.

If the wife of a person who has acquired Japanese nationality did not herself acquire it according to the provisions of the preceding article, she may be naturalized even though the conditions specified in Art. 7 do not exist as to her.

A child of a person who acquires Japanese nationality acquires it together with the parent, if the child is a minor according to the law of his nationality.

This provision does not apply, if the law of the child’s nationality provides to the contrary.

A person naturalized, a person who as being the child of a naturalized person has acquired Japanese nationality, or a person who has become the adopted child of a ​Japanese or the husband of a Japanese woman who is the head of the house has not the following rights:—

1. The right to become a Minister of State, a Minister of the Imperial Household or Keeper of the Privy Seal;
2. The right to become president, vice-president or a member of the Privy Council;
3. The right to hold the position of a general or admiral;
4. The right to become president of the Supreme Court, of the Board of Accounts or of the Administrative Litigation Court;
5. The right to hold the position of Court Councillor;
6. The right to be elected as or to vote for a member of the Imperial Diet.

The Minister of the Home Department with the sanction of the Emperor may except from the restrictions of the preceding article a person who has been naturalized under the provisions of Art. 11, after five years from the time when he acquired Japanese nationality, or any other person after ten years.

A Japanese woman who marries an alien loses thereby her nationality.

A person who by marriage or adoption has acquired Japanese nationality loses it on divorce or the ​dissolution of the adoption only in case he thereby acquires a foreign nationality.

A person who voluntarily acquires a foreign nationality loses thereby his Japanese nationality.

The wife or child of a person who loses his Japanese nationality, loses the Japanese nationality on acquiring the nationality of such person.

The provisions of the preceding article do not apply to the wife or child of a person who loses his Japanese nationality by divorce or the dissolution of adoption, unless the wife in case of the dissolution of adoption of her husband does not precure a divorce, or the child quits the house following his father.

If a child who is a Japanese subject acquires by acknowledgment a foreign nationality, he loses his Japanese nationality; but this does not apply to a person who has become the wife of a Japanese subject, the husband of a Japanese woman being the head of the house, or the adopted child of a Japanese subject.

Notwithstanding the provisions of the preceding five articles, a male person of the age of seventeen years or ​upwards loses his Japanese nationality only if he has already performed his service in the army or navy or is not bound to perform such service.

A person who holds a civil or military position can lose his Japanese nationality only on obtaining the permission of his official chief.

A person who has lost Japanese nationality by marriage, but after the dissolution of such marriage has a domicile in Japan may by the permission of the Minister of the Home Department recover Japanese nationality.

If a person who has lost Japanese nationality according to the provisions of Arts. 20 or 21 has a domicile in Japan, he may with the permission of the Minister of the Home Department recover Japanese nationality; but this does not apply to a person mentioned in Art. 16, who has last the Japanese nationality.

The provisions of Arts. 13–15 apply correspondingly to the cases mentioned in the preceding two Articles.

The time when this law shall take effect shall be determined by Imperial Order.