A New Phase in the Regulation of Assisted Reproductive Technology in Japan

Abstract

This paper reports on the current situation surrounding ART and AI in Japan and discusses the draft bill of the LDP-PT (the Project Team on ART and AI in the Liberal Democratic Party).

In Japan, where childbirth at a later age is broadly observed, ART and AI using a couple’s gametes are widely accepted. The number of treatments as well as the number of children born through ART is increasing. Donor insemination has proceeded from 1949 and recent statistics show around 100 babies are born every year by DI. In contrast, egg donation and surrogacy have rarely been practiced with the result that those who seek these treatments go abroad. There is no specific law on ART or AI; therefore statements from JSOG (the Japan Association of Obstetrics and Gynecology) and JSRM (the Japan Society for Reproductive Medicine) play a role as guidelines. According to these statements, married couples can have recourse to IVF, ICSI, and other techniques involving egg collection, using their own gametes and/or donor insemination. In cases of unmarried couples, they can employ IVF, ICSI, and other techniques involving egg collection, only when they use their own gametes. Those who seek to obtain egg donation or employ surrogacy go abroad. Facing this situation, the necessity of creating regulations has been recently pointed out.

At the end of 2013, LDP set up a project team (LDP-PT) to prepare a draft bill on ART and AI. The draft bill proposed by the LDP-PT chair covers donor conception, surrogacy, the right to know donor information, penalties, and the parent-child relationship in respect of donor conception. However, given the pros and cons surrounding surrogacy as drafted by the LDP-PT, it was reported in July 2015 that only a limited portion of Civil Code provisions will be submitted to the Diet. These provisions state that regarding the mother, the woman who gives birth is designated as the mother of this offspring; regarding the father, when a husband consents to obtaining a sperm donor, and his wife gives birth to a child via this donation, he cannot deny the legitimacy of this offspring; in addition, the donor cannot establish filiation in respect of offspring born through his/her gamete donation.

Regarding these draft bills, the following points should be mentioned. First, the LDP-PT’s draft bill has a tendency to accept the desire of those who have the intention of becoming parents. Second, the basic principles of ART and AI in general should be discussed in Japan and covered in the law. Third, the specific law on ART and AI should cover treatment using a couple’s gametes; as an example, for medical and social reasons we need to decide how to control the private freezing of eggs.

It seems to be an important step toward legislation, but this draft bill on filiation may represent a response to only a small part of the current controversy surrounding ART in Japan. We have to continue with further discussion in order to advance to the next step of legislation, especially from the point of view of the resulting child and the donor.