The Supreme Court has recognized a gender identity disorder sufferer who had a sex change to become a male as the legal father of a child born to his wife through in vitro fertilization using sperm provided by a third person, judicial sources said Wednesday.
In a decision dated Tuesday, the top court said, "The child can be assumed as the husband's child even though it is obvious that there is no biological link" between the two. Three out of the five justices of the Third Petty Bench agreed to the decision, while two opposed it.
Under the current legal system, a child of a married couple with a transsexual father conceived by in vitro fertilization is treated as an extramarital child, while a child normally conceived by a married couple without gender identity disorder is treated as a child born in wedlock.