Japan court refuses to recognize trans woman as mother

A court in Japan has ruled that if a trans woman wants her children to be recognized, it will only be done if they are registered before their legal gender transition. That is, if a trans person who has already gone through the transition, and thus decides to have a child, they will not be able to register in an official document that they are legally responsible for that child being a mother or father.

Credit: PexelsJapan court refuses to recognize trans woman as mother

Japan, where many LGBTQIA+ people still don’t talk about it with their families, requires anyone who has a desire to legally change their gender to have surgery to remove the sex organs they were born with – a practice heavily criticized by groups. of human rights and defense of community rights.

The trans woman, who was formally denied the right to become a mother, had two daughters with her partner using preserved sperm before transitioning.

Although her partner was recognized as the girls’ legal mother for having been the pregnant woman for both, the trans woman’s request to be recognized as a mother was denied by a Tokyo family court in February this year.

That court said that “there is currently nothing in Japanese law that recognizes her parental rights,” a decision the woman even appealed.

On Friday, the Tokyo Supreme Court ruled that she could be recognized as the mother of the daughter born before her legal gender change, but not the second, born after the fact.

Japan remains the only G7 country not to recognize same-sex marriage.

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