Japanese Trans Woman Denied Parental Rights To Her Own Child

A trans woman in Japan was denied rights to her own daughter after an appeal to the nation’s highest court.

According to Japan Times, the couple – a cisgender woman and a trans woman – conceived their second daughter with preserved sperm.

Japanese law recognizes the trans woman’s parental rights to her first child, born before transition. However, the country’s Supreme Court upheld a decision by a lower court which does not recognize her rights to the second, born after transition. According to reports, the trans partner was legally permitted to change her gender on her family register four years ago.

In February, a lower court ruled: “There is currently nothing in Japanese law to recognize her parental rights.” The trans woman’s partner, as birth mother, retains parental rights to both the couple’s daughters.

Japan has no laws which prevent discrimination against LGBTQ+ people, despite voting repeatedly for United Nations Human Rights Council resolutions calling for an end to anti-LGBTQ+ discrimination and violence. It is the only G7 nation to bar same-sex marriage.

In 2021, one court ruled that the same-sex ban was unconstitutional, raising hopes for the LGBTQ+ community in Japan. Yet another court overruled the decision in June.

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