A Japanese court ruled Friday that only a child born before a trans woman undergoes surgical and legal transition can be legally recognized as her child, while a child born after her transition cannot be recognized , media reported.
Japan, where many LGBTQIA+ people still don’t come out to their families, requires anyone who wants to legally change their gender to have surgery to remove the genitals they were born with, a practice heavily criticized by human rights groups becomes.
The trans woman, who was identified as male at birth, had two daughters with her partner before her transformation who used preserved sperm, public broadcaster NHK and Kyodo News Agency reported.
She was reportedly allowed to change her gender in her family file four years ago.
Although her partner was recognized as the girls’ legal mother for the birth of the girls, the trans woman’s application for motherhood was denied by a family court in Tokyo in February.
The court said that “there is currently nothing in Japanese law that recognizes her parental rights,” a decision the woman appealed.
On Friday, the Tokyo Supreme Court ruled that she could be recognized as the mother of the daughter born before her legal gender change, but not as the second born after.
Further details were not initially available.
Japan remains the only country in the Group of Seven not to recognize samesex marriage.