Rechtliche Anerkennung der Geschlechtsidentität und Familiengründung von trans* Personen in Japan

Abstract

The article presents the legal situation of transgender persons in Japan, starting with the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder (GID Act). It explains the background of the law, reactions to it, and the requirements for legal recognition of gender identity. The article emphasizes among other things that the law is no longer in line with current medical standards. The second part of the article is devoted to case law on the GID Act. Here, the article highlights the difficulties that arise for transgender persons who wish to have their gender identity legally recognized, especially the requirement that the petitioner be infertile or have been sterilized through surgical intervention. It also discusses the problems transgender persons face in obtaining recognition of their status as parents. The text concludes with the outlook for another pending case along with discussion of a statement by the Science Council of Japan, which in 2020 submitted a proposal for a revision of the GID Act.

(The editors)