JAPAN

     Japanese society is very traditional, there is no legislation addressing ART, and there are very few lawsuits addressing ART.  Thus, ART, in Japan is available in limited quantity, and available to very  few persons.  There are few ART related cases and all refer to a 1962 Supreme Court case where the legal mother was defined as the person who carried the child to term. 

            In June 11, 2001, the Health Science Council set up the Assisted Reproductive Technology Committee.  The Assisted Reproductive Technology Committee (ARTC) issued a "Report on the Development of an Assisted Reproductive Technology System using Donor Sperm, Eggs and Embryos" on April 28, 2003.  This report set out 6 main criteria of eligibility for persons entitles to undergo ART treatment. The 6 criteria are:

            (1)  Only legal couples, under 55 years, can receive reproductive medical treatment using donor sperm, eggs and embryos.

            (2)  Donor sperm and eggs will be permitted only where those couples will remain infertile without being provided help.

            (3)  Pre-embryos may only be formed by couples who produce the oocytes and sperm.  Pre-embryos created by donor sperm and eggs may not be used.

            (4) Cytoplasm or nuclear substitution of donor eggs is not allowed.

            (5) Surrogacy is not allowed.

            (6) Persons whose age is not less than 15 years can request the disclosure of information regarding their blood relationship on the basis of their right to know.

            This report is advisory only.  However, with the lack of legislation in this area, patients can expect little help from their medical professionals and a legal minefield when attempting to insure their name be listed on the birth certificate.