In a groundbreaking ruling, Japan’s Supreme Court has recognized a transgender woman as the “father” of her child, conceived using her sperm before transitioning and born to her female partner. The court overturned a previous High Court decision, stating that denying recognition based on gender change is against the child’s welfare and interests.
Despite DNA tests confirming biological parenthood, the Tokyo High Court had earlier limited the woman’s parentage to her first daughter, not the second born post-transition. The woman, who underwent gender reassignment surgery in 2018, faced rejection when seeking recognition as a parent for both daughters.
Japan’s laws on gender dysphoria and marriage are evolving, as shown by a recent top court decision deeming the requirement of surgery for gender change as unconstitutional. This ruling marks a significant step towards recognizing and protecting the rights of transgender individuals and their families.