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Germany: Court Recognizes Co-Mothers of Child

(July 6, 2016) On June 15, 2016, the German Federal Court of Justice (Bundesgerichtshof, BGH) published a decision issued on April 20 in which it held that a South African law that awards co-motherhood to the German wife of the biological mother of a child born in a same-sex marriage has to be recognized in […]

China: Maternity Leave Further Extended by Provinces

(May 3, 2016) In the past several months, Chinese provinces have been revising their regulations to implement the recently amended Law on Population and Family Planning (Family Planning Law) and at the same time specifying extra parental leave periods applicable in their jurisdictions. Nearly half of the revised regulations have been located; they cover 14 provinces […]

Brazil: Registration of Babies Born from In Vitro Fertilization or Surrogacy

(Apr. 28, 2016) On March 14, 2016, Brazil’s National Internal Affairs Office (Corregedoria Nacional de Justica, CNJ) published Act No. 52,  regulating the issuance of a birth certificate for children whose parents opted for reproductive techniques such as in vitro fertilization and “pregnancy by substitution” (barriga de aluguel), which is better known as “surrogacy.” (Provimento No. […]

Switzerland: Rejection of Abolishment of Marriage Tax Penalty and Constitutional Definition of Marriage

(Mar. 11, 2016) On February 28, 2016, Swiss voters rejected by a narrow vote of 50.8% to 49.2% a referendum to abolish the marriage tax penalty in Swiss law. (Vorlage Nr. 596, Vorläufige amtliche Endergebnisse [Initiative No. 596, Preliminary Official Results], Schweizerische Bundeskanzlei [Swiss Federal Chancellery] website (Feb. 28, 2016).) The “marriage penalty” refers to tax provisions […]

Japan: New Instructions Allow Women to Remarry 100 Days After Divorce

(Feb. 26, 2016) Currently, article 733 of Japan’s Civil Code states that women cannot remarry until six months after a divorce. (Civil Code (Part IV and Part V) (tentative translation), Act No. 89 of 1896, art. 733, Japanese Law Translation website.) This provision aims to avoid uncertainty regarding the identity of the legally presumed father […]

Pakistan: Hindu Marriage Bill Passed in Sindh Legislature

(Feb. 25, 2016) On February 15, 2016, the Provincial Assembly of Sindh passed the Hindu Marriage Bill 2016, applicable to Hindus and other non-Muslim citizens. It is reportedly the first of its kind in Pakistan. (Hafeez Tunio, Sindh Assembly Becomes First in Pakistan to Pass Hindu Marriage Bill, EXPRESS TRIBUNE (Feb. 15, 2016).) Similar draft […]

South Korea: First Court Order to Return Children to Another Country Under the Hague Convention

(Feb. 23, 2016) On February 15, 2016, the Seoul Family Court ordered a Korean father to return his two children to his wife in Japan.  (Hyun-jeong Lee, Court Orders Korean Dad to Return Children to Separated Japanese Wife, KOREA HERALD (Feb. 15, 2016).)  It is the first case in Korea in which a court ordered […]

Egypt: Ministerial Resolution Regulating the Marriage of Egyptian Women to Foreigners

(Feb. 11, 2016) In December 2015, the Egyptian Minister of Justice issued Ministerial Regulation No. 9200 of 2015 to regulate the registration process for marriage contracts between Egyptian women and foreign men. The new Regulation relates to Law No. 103 of 1976 on the same subject. (Ministerial Regulation No. 9200 of 2015, 278 AL WAQA’A […]

Guatemala: Congress Raises Marriage Age

(Jan. 11, 2016) A decree of November 2015 adopted by the Congress of Guatemala amended articles 81-84 and 177 of the country’s Civil Code on matters pertaining to the minimum legal age to marry. Under the amended article 81, the minimum marriage age is 18. Amended article 82 states, however, that as an exception and […]

China: Two Child Policy Becomes Law

(Jan. 8, 2016) On December 27, 2015, the Standing Committee of China’s National People’s Congress (NPC) adopted a decision amending the Population and Family Planning Law. Effective January 1, 2016, the “two child policy” became law applicable nationwide. (Zhonghua Renmin Gongheguo Renkou yu Jihua Shengyu Fa [People’s Republic of China Population and Family Planning Law] (2015 […]