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Anno Job Log

2003-07-16

[]Law concerning special rules regarding sex status of a person with gender identity disorder

Law concerning special rules regarding sex status of a person with gender identity disorder

(Law No.111 on July 16. of 2003)



(Tenor) Article 1.

This Law provides for special rules regarding sex status of a person with Gender identity disorder (GID) in laws and ordinances.

(Definitions)

Article 2.

 In this law, "a person with Gender identity disorder (GID)" means a person who, against his/her defined biological sex, has persistent conviction that he/she psychologically belongs to the opposite sex (hereinafter referred to as "the opposite sex") and has a will to make himself/herself into physical and social conformity with the opposite sex; provided that two or more physicians who have experience and expertise required to properly make such a diagnosis, should make the same diagnosis on the subject concerned based upon generally accepted medical standards.

(Decree on alteration of sex status)

Article 3.

Family court may render a decree on alteration of sex status against an applicant with Gender identity disorder (GID) upon request of that who falls under all the respective items;

(1) An applicant should be of or above the age of 20 years.

(2) An applicant should be unmarried at present.

(3) An applicant should not have a child at present.

(4) An applicant should not have gonad or should be in permanent loss of gonadal function.

(5) An applicant should have a part of body which assumes the external genital features of the opposite sex.

2. In making the request under the preceding paragraph, An applicant with Gender identity disorder (GID) should submit the medical certificate by the physicians, in which the diagnosis mentioned in the preceding article with regard to the applicant as prescribed in the said paragraph, progress of treatment, results of treatment and other matters as prescribed by Ordinances of the Ministry of Labour and Welfare, are entered.

(Status of a person against whom a decree on alteration of sex status was rendered in laws and ordinances)

Article 4.

With respect to the application of the Civil Code (Law No.89 of 1896) and other laws and ordinances, a person against whom a decree on alteration of sex status was rendered is treated as his/her sex status has changed to the other sex status unless otherwise provided for by laws.

2. Unless otherwise provided for by laws, the provisions of the preceding paragraph shall not affect the status relationship, the rights, duties and obligations of the person which resulted prior to the decree on alteration of sex status was rendered.

(Application of the Law for adjudgement of domestic relations)

Article 5.

With respect to the application of the Law for adjudgement of domestic relations (Law No.152 of 1947), the decree on alteration of sex status is treated as the matters listed in Article 9 Paragraph 1 A class of the said law.

Supplementary Provisions

(Date of enforcement)

1. This law shall come into force as from the day when the period of an year will have elapsed counting from the day of its promulgation.

(Further Efforts)

2. On the decree system on alteration of sex status inclusive of coverage of a person with gender identity disorder (GID) who may make a request for a decree on alteration of sex status, a review shall be made by the end of a three years' period after the enforcement of this law, in consideration of the situation of the enforcement of this law and changes of social conditions around the person with gender identity disorder (GID) etc. and, if deemed necessary, appropriate measures should be taken on the basis of the results of such review.

(Special rules on qualification for payment of Old-age Basic Pension and the like etc. for a person against whom the decree on alteration of sex status was rendered)

3. Female persons prescribed in the provisions of Supplementary Provision Article 12 Paragraph 1 Item 4 of the Law for Partial Amendment to National Pension Law (Law No.34 of 1985) and of the other laws and ordinances in which the Item 4 of the said Law is quoted are inclusive persons who are female before the date on which the decree on alteration of sex status was rendered, excluding persons against whom the decree on alteration of sex was rendered and are treated as changed male-to-female under the provisions of article 4 paragraph 1 of this Law.

(Law for Partial amendment to Family Registration Law)

4. Family Registration Law (Law No.224 of 22.Showa) shall be partially amended as follows.

The following Article shall be added next to Article 20-3 of Family Registration Law.

Article 20-4

If, in the case where a decree on alteration of sex status was rendered under the provision of Article 3 Paragraph 1 of the Law concerning special rules regarding sex status of a person with gender identity disorder (GID) (Law No.111 on July 16. of 2003), there is any other person who entered or has entered in the past, in a family register in which the person against whom the said decree on alteration of sex status was rendered, a new family register shall be made up for the person against whom the said decree on alteration of sex status was rendered.