"Recognized as Father Even After Gender Transition to Female"… Japanese Court Ruling Issued

Unanimous Ruling by Judge in Lawsuit to Recognize Parent-Child Relationship
"Denying Recognition Would Actually Harm the Child's Welfare"

A ruling in Japan has determined that even if a man transitions to a woman, the child can still legally recognize them as their father. This means that the father-child relationship is legally acknowledged despite the gender transition, granting the child rights such as inheritance and claims for child support.

According to a report by Japan's Jiji Press on the 22nd, Mr. A had two daughters born in 2018 and 2020 with his female partner (cohabitant). He used frozen sperm preserved before his gender transition, and in November 2018, after the birth of the first daughter, he legally changed his gender from male to female under the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder.

Enacted in 2003, the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder is a special law that allows individuals experiencing gender identity disorder to legally change their gender. To change gender under this law, one must meet requirements including a medical diagnosis of gender identity disorder, gender reassignment surgery including reproductive organs, absence of minor children, and being single (unmarried).

However, problems arose during the process of registering the two daughters on the family register. The “recognition report” by which an unmarried biological mother or father acknowledges the children as legal offspring was not accepted. Consequently, Mr. A filed a paternity recognition lawsuit, naming his two young daughters as plaintiffs and himself as the defendant.

The Tokyo Family Court dismissed the first instance claim in February 2022, reasoning that since Mr. A had changed his gender, he did not fit the legal definitions of either father under civil law or mother who gave birth to the children. In August of the same year, the appellate court recognized the father-daughter relationship with the eldest daughter but dismissed the claim regarding the younger daughter, citing the gender change requirement under the Act that there be no minor children.

However, on the 21st, the Supreme Court’s Second Petty Bench unanimously overturned the appellate court’s ruling, recognizing the parent-child relationship between Mr. A and his two daughters.

The court stated, “Whether an actual parent-child relationship exists is deeply related to the welfare of the child,” adding, “If the relationship is not recognized simply because the parent changed gender, it clearly contradicts the welfare and interests of the child. Since the relevant requirements are regulations considering the child’s welfare, they do not constitute grounds to deny the father-child relationship.” The court further explained, “If the parent-child relationship is not recognized based on these regulations, it would disadvantage the child’s welfare and run counter to the legislative intent.”