Tokyo court denies trans woman recognition as parent of her own daughter

‘Abusive’ Japanese law mandates that anyone who wants to legally change their gender must have sex organs they were born with surgically removed

A Japenese court has reportedly ruled that a child born to a trans woman after she underwent surgical and legal transition cannot be recognised as her daughter.

In Japan, which is the only G7 country not to recognise same-sex marriage, a person who wants to legally change their gender must have the sex organs they were born with surgically removed.

This law dates back to 2004 and has been widely condemned by LGBT+ activists, with the New York-based Human Rights Watch calling it “abusive and outdated” in a statement last year.

On 19 August, it was reported that the trans woman, who was assigned the male gender at birth, was denied recognition as the parent of her own daughter.

She had two daughters with her female partner by using sperm preserved before her transition, according to reports by Japan’s public broadcaster NHK and Kyodo news agency.

Then, she was legally allowed to change her gender on the family register four years ago.

While her partner was recognised as both girls’ mother because she gave birth to them, the trans woman’s request to be formally recognised as their parent was denied by a family court in Tokyo in February this year.

At the time, the court said “there was nothing in Japanese law to recognise her parental rights” – a verdict which she appealed.

However, on Friday, the Tokyo high court upheld that the trans woman could only be recognised as a parent to the daughter who was born before the legal gender change, but not the one born after.