The government will not allow a 2-year-old boy to be registered as the legitimate son of a gender identity disorder patient whose legally registered sex was changed to male and whose wife gave birth to the child via artificial insemination from her brother-in-law, Justice Minister Toshio Ogawa said Friday.
The same day, Tokyo’s Shinjuku Ward said told the GID patient seeking recognition as the boy’s legitimate father that the child would be registered as being “born out of wedlock.”
Ogawa said the husband of record, whose younger brother’s semen was used to impregnate the mother, is not the biological father and thus the child can’t be registered as the couple’s legitimate son.
The government can’t grant the birth registration because the boy is “not the child of the (husband) and his wife,” Ogawa said, adding the government will study how to deal with the issue, including possibly amending the law.
The husband of record, a resident of Higashiosaka, Osaka Prefecture, obtained status as a registered male in 2008 and got married, but underwent no sex-change surgery. The wife gave birth to the boy the following year.
But local authorities refused to register the boy as the couple’s legitimate child, and thus the boy lacks a family register.
The husband, whose registered domicile is Shinjuku Ward, presented the son’s birth report to the ward Friday but was unsuccessful in being recognized as the boy’s legitimate father.
A ward official told the husband to register the son as “a child born out of wedlock” and warned that failure to heed this instruction will prompt the mayor to forcibly register the boy as such. in the family registry.