JAPAN Law and Practice Contributed by: Kenji Yano, Tokyo Kokusai Partners Law Office
1.4 Requirements for Non-Genetic Parents Assisted Reproductive Technology Act on Assisted Reproductive Technology Offering and Special Provisions of the Civil Code Related to the Parent–Child Relationship of Children Born As a Result of the Treatment (Act No 76 of 2020) This Act provides rules on parent-child relationships where a child is born through assisted reproductive technology using third-party gametes. • Where a woman conceives using an embryo cre - ated with a third-party ovum and her husband’s sperm, the woman who gives birth is deemed to be the mother (Article 9). • In the case of artificial insemination with donor sperm (AID), if the husband has consented to the treatment, the child is presumed to be his child born in wedlock, and this presumption cannot be rebutted (Article 10). Surrogacy Surrogacy lacks a legal framework in Japan and is not practised. However, where it occurs, the woman who conceives and gives birth is regarded as the mother (Supreme Court, 23 March 2007, Minshu Vol - ume 61, No 2, p. 619). For the biological parent to acquire parental authority, it is necessary to establish an adoption with the surrogate mother’s consent (Civil Code, Article 797) or a special adoption (Kobe Fam - ily Court Himeji Branch, 26 December 2008, Family Court Monthly Report Volume 61, No 10, p. 72). Same-Sex Partners For same-sex partners, see 1.6 Same-Sex Relation- ships . 1.5 Relevance of Marriage at Point of Conception or Birth
Female Couples (Where One Partner Gives Birth Through Donor Insemination) The woman who gives birth is the legal mother (birth mother) and, at the time of birth, holds parental author - ity. Her partner may subsequently adopt the child with the consent of the birth mother (Civil Code, Article 797 (1)). As noted in 1.7 Adoption , upon adoption, parental authority is vested in the adoptive parent, not the birth mother (Civil Code, Article 818 (2)). Male Couples (Where a Child Is Born Through Surrogacy) The man who provides the sperm becomes the legal father (biological parent) through acknowledgment. His partner may then adopt the child and become the adoptive parent. Supplementary Case Law There is a Supreme Court decision involving a transgender man who had legally changed his sex from female to male and married a woman, where the woman gave birth to a child conceived through donor insemination; the court recognised the presumption of legitimacy and held that the child was the legiti - mate child of the transgender man (Supreme Court, 10 December 2013, Minshu Volume 67, No 9, p. 1847). 1.7 Adoption Japanese law provides for two types of adoption: ordi - An ordinary adoption establishes a new parent–child relationship between the adoptive parent and the adoptee (Civil Code, Article 809), while the legal rela - tionship with the birth parents continues to exist. In such cases, parental authority vests in the adop - tive parent (Civil Code, Article 818 (2); under the 2026 Amended Civil Code, Article 818 (3)(i)). The main requirements are as follows: • the adoptive parent must be at least 20 years old (Article 792); • where a married person adopts a minor (under 18), the spouses must, in principle, adopt jointly (Article 795); nary adoption and special adoption. Ordinary Adoption (General Adoption)
See 1.3 Requirements for Fathers . 1.6 Same-Sex Relationships
In Japan, same-sex marriage/partnerships are not legally recognised, and therefore there are no spe - cial provisions regarding the acquisition of parental authority by same-sex partners. However, in practice, the following approaches are possible.
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