Tokyo court recognizes trans woman as parent of pre-transition daughter

A transgender woman and her female partner attend a news conference on August 19, 2022 in Tokyo, after a court ruling recognized her as the parent of a daughter but not another who was born after the woman legally became a woman. Their faces were not photographed at their request. (Kyodo)

TOKYO (Kyodo) – A Tokyo court on Friday recognized the parent-child relationship between a transgender woman and her daughter conceived using her frozen sperm and born to her female partner before the legal transition, partially reversing an earlier ruling by the family court.

The Tokyo High Court, however, did not recognize the woman in her 40s, who was assigned male at birth and underwent gender reassignment surgery in 2018, as the parent of a second daughter born to her partner in 2020, after she legally changed her. female gender in her family register.

The couple had taken legal action after a request to their municipal administration to recognize the legal relationship with their children was rejected.

Although the two children were confirmed to be the couple’s biological children through DNA testing, presiding judge Toshikazu Kino said the transgender woman’s legal relationship with the second daughter “cannot be recognized” because her legal sex was already female at the time of the child’s birth.

Gender reassignment in Japan is permitted under the country’s special gender dysphoria law.

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