Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder

Link to law: http://www.japaneselawtranslation.go.jp/law/detail_download/?ff=08&id=2421
Published: 2011

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Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder (Tentative translation)

(Purpose)

Article 1 This Act is to provide for special cases in handling the gender status under laws and regulations with regard to Persons with Gender Identity Disorder.

(Definition)

Article 2 The term "Person with Gender Identity Disorder" as used in this Act means a person whose biological gender is evident but who has a persistent conviction that he/she psychologically belongs to the opposite gender (hereinafter referred to as the "Opposite Gender"), and who has the intention to physically and socially assign him/herself to the Other Gender and has received concurrent diagnoses on such assignment of gender from two or more physicians equipped with the necessary knowledge and experience for giving an accurate diagnosis on this matter, which are given based on the generally accepted medical knowledge.

(Ruling of Change in Handling Gender Status)

Article 3 (1) A family court may make a ruling of change in handling the gender status of a Person with Gender Identity Disorder who falls under all of the following items, at the request of such person:

(i) not less than 20 years of age;

(ii) not currently married;

(iii) currently has no minor child;

(iv) has no reproductive gland or has lost the function of the reproductive gland permanently; and

(v) has a body which appears to have a part that resembles the genital organ of a body of the opposite gender.

(2) A person who is to make the request referred to in the preceding paragraph must submit a medical certificate issued by a physician which contains matters specified by Ordinance of the Ministry of Health, Labour and Welfare, such as the results of the diagnosis referred to in the preceding Article and the progress and results of the treatment with regard to the Person with Gender Identity Disorder referred to in said paragraph.

(Treatment under Laws and Regulations of Person Who Has Received Ruling of Change in Handling Gender Status)

Article 4 (1) Unless otherwise provided for by law, with regard to the application of the Civil Code (Act No. 89 of 1896) and other laws and regulations, a person who has received a ruling of change in handling the gender status is deemed to have been assigned to the Opposite Gender.

(2) Unless otherwise provided for by law, the provisions of the preceding paragraph do not affect the personal status or any rights or obligations that arose prior to the ruling of change in handling the gender status.

Supplementary Provisions [Extract]

(Effective Date)

(1) This Act comes into effect as of the day on which one year has elapsed from the date of promulgation.

(Review)

(2) The scope of Persons with Gender Identity Disorder who may request a ruling of change in handling the gender status and other aspects of the system of a ruling of change in handling the gender status are to be reviewed approximately three years after this Act comes into effect, while taking into consideration matters such as the status of the enforcement of this Act and the changes in the social environment surrounding Persons with Gender Identity Disorder, etc., and measures are to be taken as required based on the review results if this is found to be necessary.

(3) Females provided for in Article 12, paragraph (1), item (iv) of the Supplementary Provisions of the Act for Partial Revision to the National Pension Act (Act No. 34 of 1985) and in the provisions of other laws and regulations that refer to said item are to include persons who have received a ruling of change in handling the gender status and who were females before receiving the ruling of change in handling the gender status, and exclude persons who have received a ruling of change in handling the gender status and who are deemed to have been assigned to female gender pursuant to the provisions of Article 4, paragraph (1).

Supplementary Provisions [Act No. 70 of June 18, 2008]

(Effective Date)

(1) This Act comes into effect as of the day on which six months have elapsed from the date of promulgation.

(Transitional Measures)

(2) With regard to cases involving a request for a ruling of change in handling the status which is made, prior to the day on which this Act comes into effect, pursuant to the provisions of Article 3, paragraph (1) of the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder prior to the revision by this Act, the provisions then in force remain applicable.

(Review)

(3) The system of a ruling of change in handling the gender status for Persons with Gender Identity Disorder is to be reviewed as needed, based on the status of the enforcement of the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder revised by this Act and in consideration of the status of Persons with Gender Identity Disorder and persons concerned therewith and other circumstances.

Supplementary Provisions [Act No. 53 of May 25, 2011]

This Act comes into effect as of the day on which the new Non-Contentious Case Procedures Act comes into effect.