Abstract

In contemporary Japan, the family remains a strong social and legal entity. The right to make decisions on behalf of another in emergency situations lies with the immediate family. Similarly, immediate family members are legally entitled to claim from deceased family member's estates. One way to ensure that property and inheritance rights are passed on to same-sex partners is for the older partner to adopt the younger, thereby becoming family in the eyes of the law. An alternative that has recently been proposed is for partners to draw up legal agreements and register them with a local notary office. Neither of these options are problem free—the former introduces a parent/child relationship to a domestic partnership; the latter is yet to be tested in a court of law. Both rely on surreptitiously accessing (or appropriating) the existing civil code. This article briefly outlines the current situation in Japan regarding same-sex partnership rights and the alternatives available.

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