A Japanese court has ruled that a transgender woman who froze her sperm before transitioning cannot be the legal parent of her child. The anonymous woman has two daughters with her female partner using sperm she preserved before she underwent gender confirmation surgery. However, the court is refusing to recognize her right to parenthood.
- Tokyo’s High Court doesn’t believe the woman counts as the children’s parent. Despite the children biologically belonging to her Tokyo’s High Court said that only a child born before a transgender person’s surgery and gender change could be formally recognized as their child.
- The woman is allowed to be recognized as the parent of one of the children. That child was born before her legal transition. However, since the second child was born after the gender reassignment and legal change, she’s not allowed to claim the child as her own.
- The woman’s partner has been recognized as both children’s parent. Because she carried both children and gave birth to them, her parentage isn’t in question. However, the woman’s request to be recognized was turned down by the family court in February. The woman appealed that decision, with the high court ruling that “there is currently nothing in Japanese law to recognize her parental rights.”
- Anti-trans sentiment is increasing in Japan. Previously, transgender people were legally allowed to change their gender on the family register. However, Japan now requires transgender people to have gender confirmation surgery before legally changing their gender. Many, of course, cannot afford this surgery or have other reasons for not having it done. Human rights campaigners believe the policy is harmful and reductive to the trans community. Japan is currently the only G7 nation not to legally recognize same-sex marriage.
