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Japan top court says transsexual is father of IVF baby

in JAPAN, 20/12/2013

A transsexual man, who was born a woman, has been recognised by Japan’s top court as the legal father of his wife’s child, in a national first.

The Supreme Court overturned earlier decisions that had rejected the man’s  bid to be registered as one of the child’s parents, and said the fact that a  third person’s sperm was used in his wife’s IVF treatment was not legally  material.

The decision opens the door for other transsexuals to gain recognition as  fathers, despite their having no biological role in the conception and birth of  the child.

In their ruling on Tuesday, the judges said they had to take into account a  2004 law that allowed those diagnosed with gender identify disorder to get  their gender changed in legal documents if they fulfilled certain conditions,  including undergoing a sex change operation.

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