FTM husband is eligible to be a legal father of a baby born to his wife by AID

[SATOSHI MINAMIKATA]

In 10 December 2013, the Supreme Court made a decision that a child born to a wife of a FTM husband by AID should be registered in the Family Registration Book as a legitimate child of the FTM husband since the child was interpreted as a legitimate child on presumption of paternity based on section 772 of the Civil Code (with dissenting opinions).

<reference>
English translated text:
http://www.courts.go.jp/english/judgments/text/2013.12.10-2013.-Kyo-.No..5.html
Section 772 of the Civil Code
(1)　A child conceived by a wife during marriage shall be presumed to be a child of her husband.
(2)A child born after 200 days from the formation of marriage or within 300 days of the day of the dissolution or rescission of marriage shall be presumed to have been conceived during marriage.

satoshi (dairake@gmail.com)