Same-sex couple in Japan seek legal change as daughter is left without Japanese citizenship

6 comments

1. And you can wait seated

2. the daughter can get it through her mother.

3. >In the summer of 2022, Theresa gave birth with the help of a sperm donation from a friend.

   Although I’m n favor of same sex marriage, this scenario wouldn’t be any different with a heterosexual couple using a sperm donor, with non-Japanese mother.

   If the sperm donor is Japanese (and the mother is not Japanese) then the child would be eligible for Japanese nationality via Article 3 of the nationality act. Which of course requires certain criteria to be met: https://www.moj.go.jp/MINJI/minji163.html

   Whereas if the sperm donor is not Japanese, and the mother is not Japanese, then the child has no claim to Japanese nationality at birth. Regardless if same sex or opposite sex.

   Of course, if that applies, the Japanese woman in this article could adopt the child and then the child can speed run naturalization via Article 8 nationality law. That of course would require the renouncing of the other nationality though, in this case US… I.e the child cannot be “legally dual”… but like, in the realm of being “legally dual” in Japan, one can only have their cake, and eat it too much if they are automatically dual.

   So I am confused… is this a complaint about Japan’s nationality law treating same sex couples differently (which it isn’t) or is this a complaint about Japan’s draconian approach to same sex marriage?

   If it’s a complaint about same sex marriage, then I agree, Japan needs to change that, but a bit of a shit article to put emphasis on the nationality when they are free to either get the child Japanese nationality via article 3 (if the sperm donor is Japanese), or speed run naturalize the child (if the sperm donor is not Japanese)

4. It’s heartwarming to see same-sex couples fighting for their rights in Japan. While same-sex marriage isn’t legally recognized yet, it’s encouraging to see more advocacy for equality especially in a conservative place like Japan.

5. It says right there she had the child with a third person. Enable polygamy too then

6. This is so strange because the problem could have been spotted years ago. If getting Japanese citizenship in a timely manner was so important, they should have picked the Japanese woman to be the birth mother or adopt.

   They don’t need to be exploiting their kid to get sympathy for same sex marriage.