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33 changed gender in Japan without surgery after 2023 court ruling
JAPAN TODAY   | Nopember 4, 2024
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At least 33 individuals changed their legal gender in Japan without surgery this year since the Supreme Court ruled against a law requiring transgender people to remove their reproductive capabilities for such alteration, a survey by the top court showed Sunday.
The data is the first comprehensive figure on gender changes since the top court declared in October last year that the controversial requirement was unconstitutional, as previous numbers were only based on individual reports.
The study, which targeted family courts nationwide, found that 790 people were granted gender change recognition between January and September this year. Court records showed that 33 did not undergo surgery, although the actual number may be higher.
Based on the current pace, an estimated 1,053 people will have their gender change requests approved by year-end, surpassing the annual 600 to 900 in recent years.
The Japanese law on gender dysphoria stipulates five conditions for those wishing to register as a member of the opposite sex, in addition to a diagnosis of gender dysphoria from at least two physicians.
The five conditions comprise being no less than 18 years old, unmarried, having no child who is a minor, having "no reproductive glands or whose reproductive glands have permanently lost function," and having "a body that appears to have parts that resemble the genital organs of those of the opposite gender."
At least 10,000 individuals have changed their gender under these conditions.
On Oct. 25 last year, the top court's Grand Bench ruled that required sterilization is a restriction violating the Constitution's Article 13, which guarantees individuals' freedom from "invasion into their body against their will."
A written notification explaining the ruling was distributed to family courts nationwide as a "reference" for administrative processing.
According to an individual who changed their gender without surgery following the ruling, the process involved submitting a medical certificate and attending an interview with a judge, with approval granted roughly six months after the application.
The judge asked in detail about their experience with gender dysphoria and hormone treatments in the interview, the individual said, adding that they were "grateful that having this as a standard procedure (to change gender) broadens options."
A judge involved in civil proceedings, meanwhile, said gender change judgments for individuals who have not undergone surgery require a "more cautious review" compared with those who have.
Ruling and opposition parties are considering legislative changes following the Supreme Court's ruling.
© KYODO
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