The Controversial Proposed Legislation of Sperm Donation in Japan To Lock Out Same Sex Couples

Joy Waweru | 1 year ago
The Controversial Proposed Legislation of Sperm Donation in Japan

For decades there has been no legal framework or government policies regulating assistive reproduction in Japan.

The constitution has failed to address sperm donation-neither prohibiting it nor expressly allowing it thus becoming a grey area. With little to no legal provisions, individuals have exploited the leeway to engage in the sperm business without government interference.

Assistive reproduction technology is used to treat infertility. It includes options such as surrogacy, in-vitro fertilization, and extended embryo culture. Same sex desiring to raise kids of their own have explored these options.

However, the presentation of a new proposal could see the enaction of legislation that will outlaw sperm donation for same-sex couples, bearing in mind that homosexual marriages are outlawed in Japan. As a result, the proposed legislation seeks to lock out lesbians and single women.

In the proposed law a sperm recipient will be restricted to one donor. In addition, only heterosexual married couples struggling with male fertility will be allowed to access sperm donation banks.

The proposed law also seeks to protect the rights of the child to know their biological parents.

Institutions that conduct sperm donation and insemination are usually regulated by certain guidelines and policies that are given by The Japan Society of Obstetrics and Gynaecology (JSOG).

The Japan Society of Obstetrics and Gynaecology is a body of medical experts tasked to advise on obstetrics-gynecology medical systems. In line with its guidelines, sperm donation should ideally only be offered to opposite-sex couples. Some doctors however flout the directives.

Nagamura, a mother to a child conceived through artificial insemination fears that their child might be stigmatized if the said proposal is enacted into law.

"Even though the way we achieved our pregnancy was not illegal at the time, the impression that we did something wrong, that this kid is somehow 'illegal', could emerge if that's how the law sees it,"

Admirable qualities in potential donors include handsomeness, intellectual ability demonstrated by college degrees, and athletic agility.

Most sperm donors do not ask for compensation sparking the debate about the motives of the donors.

Without proper regulation, couples also fall prey to unvetted donors, risking the entire process.