Transgendered Legal Father

The Supreme Court of Japan admitted that a child born by artificial insemination with third party’s sperm would be recognized as legal child. That kind of appeal was mainly raised by a couple, in which husband had changed sex from female to male. Even though there was no biological relationship, the Court found the baby should be their kid. Although it is a reflection of current conceptual diversity of sex, the decision was based on a provision in the Civil Law established in nineteenth century.

Article 772 of the Civil Law of Japan determines that a fetus impregnated during mother’s marriage is assumed as a child of her husband. Strictly along with the provision, the Court regarded a four-year-old boy between transgendered father and female mother as legally registered son. A local government had rejected registering the boy as legal family of the couple due to the father’s change of sex. There was no father’s name in legal registration of the family. Against the argument of the couple, lower courts had dismissed the suit.

It was a epoch making decision based on a notion that actual life of a family would be prior to blood relation. Ministry of Justice, which had been upholding blood relationship, was shocked by the decision. However, the Supreme Court was right when it thought that it was inappropriate not to adopt Article 772, while same sex marriage had been legalized with some conditions in 2004. The Gender Identity Disorder Act 2004 admits change of sex with diagnosis of multiple medical doctors, twenty years old or older, having medical operation for sex adjustment, and no kid under 20 years old.

Article 772 was originally made to protect a kid whose biological father was someone else out of the family. If the fact had been unknown by the family except the mother, the kid would be recognized as being raised happily. Internationally awarded movie, “Like Father, Like Son,” well described the relationship between a father and a son unintentionally exchanged with another newborn baby in the hospital. However, progress of medical technology was unpredictable. Artificial insemination completely undermined the basis of blood relationship.

Receiving pressure from conservative lawmakers in Liberal Democratic Party, the Ministry of Justice still reluctant to admit a child with artificial insemination with third party as legal family. Leaving that unstable status of those children may affect their legal rights including welfare or heritage. To eliminate discrimination on illegal children, there should be deliberated consideration of social status of those kids.