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Trans parent not legally recognised as parent by Japanese court

Lothor

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I'm trying to get my head around the logic of this ruling, and I can't. If I freeze my sperm, have surgery to become female (no, I'm not planning to!), then use that sperm to make a child and raise that child, then surely I'm legally the parent? The Japanese legal system disagrees.

 
Behold, an immaculate conception!

Ahh this concept is infuriating, that you could be legally denied parenthood for your own biological children. I suppose part of this is if there's no recognition for same sex couples, it may not be possible to recognize two people of the same sex as co-parents, or there may have been no legal way to list the trans parent without violating how they identity. I don't know whether there's a legal distinction between parents and legal guardians.

This stuck out for me:
The woman appealed against that ruling, which said there was "currently nothing in Japanese law to recognise her parental rights".
Something that was once pointed out to me before about a legal case in the US that concluded with a real head-scratching decision, and could be the case here: The courts don't decide what is right or wrong, or what the law permits, they determine how the case fits into the law, and decisions like this may be acknowledging a shortcoming of the law that needs to be addressed by the people who shape those laws. This ruling is an invitation to appeal, and perhaps even an invitation to parliament to update the laws about what shapes a family can take.
 
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I'm also confused, what was the details of their ruling, isn't a dna test enough to affirm parental rights? So then they just arbitrarily make it up as they go along regardless of biological reality? I.e. do they think they can call reality something else despite what the dna says?
 
I think it must be a procedural (bureaucratic) thing, like Nice Gaijin says. For example, there is some law or some precedent that says a male must be registered as the father, and a female must be registered as the mother, and so when faced with two females as parents, the system breaks down. And since the judges don't/can't change the laws, they just take the default position of rejecting the application. Then they kick the whole problem back to the Diet, where all the old guys in power hope the issue will just go away.
 
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Here's another case that should make it to the courts: JR Group's special couples' pass should read "special heterosexual couples' pass".


 
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