The Supreme Court of Japan declared a transgender woman as the father of her daughter, who was conceived after the woman’s legal gender change, for the first time on Friday. This ruling, which overturned a 2022 Tokyo High Court decision, held that Japan’s Civil Code and other laws do not prevent a woman from establishing a legal paternity claim.
The court emphasized that the Civil Code recognizes biological parent-child relationships, allowing a father-child relationship to be established regardless of the father’s legal gender. Moreover, the court stated that not recognizing a transgender individual as the parent of a child is detrimental to the child’s interests, as the child would be deprived of support as a dependent. The decision considered the impacts on family relationships when determining the recognition of a father-child relationship.
The previous ruling from the Tokyo High Court held that the transgender woman could not be recognized as the parent of her daughter born after her legal gender change. In contrast, her older daughter, born before the legal gender change, was legally recognized as her daughter. DNA tests confirmed that both daughters are the biological children of the transgender woman.
This ruling is part of a broader trend in Japan to expand LGBTQ rights. On March 14, Japan’s Sapporo High Court held the country’s ban on same-sex marriage unconstitutional under Articles 14 and 24 of Japan’s Constitution, marking the first time a High Court in Japan explicitly declared the ban unconstitutional.
Additionally, in February, a Japanese court allowed legal gender changes without the need for sterilization for the first time. The case, ruled by the Okayama Family Court Tsuyama Branch, followed the Supreme Court’s 2023 decision that deemed the sterilization requirement unconstitutional.
For more detailed information, visit the JURIST article.