Gender and name change in Japan

[Kasumi63]

Hi, everyone. I know this is something that varies from country to country, but I just petitioned the local family court to initiate a case for my gender and name change. I should be called into court soon, and then after that, there should be a ruling. When I filled my petition, I could tell the clerk was confused that I was a naturalized Japanese. The law is new and doesn’t say anything about naturalized citizens. However, I fulfill all of the law’s (extremely strict in comparison to most civilized countries) requirements, so I’m optimistic. After the ruling, it’s just a matter of completing the tedious work of changing bank accounts, credit cards, driving license, etc.  I’m so excited!

[Charlize]

What a task to take on in a conservative country.  I was scared and a bit overwhelmed when i did my name change in NJ.  I can only imagine Japan.   Best of luck and hope you have few if any bumps along the way.

 

Hugs,

 

Charlize

[Ivy]

2 hours ago, Charlize said:

What a task to take on in a conservative country.  I was scared and a bit overwhelmed when i did my name change in NJ.  I can only imagine Japan.   Best of luck and hope you have few if any bumps along the way.

Hope it goes well for you.

I'm still stressing over this, and it doesn't look too difficult in this state.

But I do have some stuff going on that I don't want to complicate any more than necessary at this time.

[KayC]

Hi @Kasumi63 san! 

Having lived in Japan for a while I know how even some of the simplest of civil actions can be a long and frustrating endeavor.  

So, I am truly hoping this is a smooth process for you, and I am in your corner ?  Let us know how it goes.  I am sure it will be a wonderful feeling when you're all done ❣️

[Kasumi63]

Thank you, everyone. As Kay pointed out, simple things can get complicated here, especially when you don’t fit the mold. That’s why I’m worried that my being naturalized might be the sticking point. I’ll let you know how everything turns out.

[Kasumi63]

I am so upset!!  I just go off the phone with a clerk at the family court. Actually, I started crying on the phone as I spoke with him. Here is the problem:

 

One of the conditions of changing one's gender in Japan is that you can't have any minor children. That's a pretty unfair requirement anyway, but leaving that aside, I was told that I have to prove that I don't have any minor children. I explained I could submit birth certificates for my two adult children, but apparently, that's not the problem. I need to prove I don't have any OTHER minor children. In Japan, that would be proven with the family registry, but since I naturalized, I only have a family registry from 12 years ago. I asked what form could possibly prove something that doesn't exist, but they said they don't know. He suggested that I could withdrawal my petition and wait for eight years, as the family registry would then be proof. EIGHT YEARS!!  I'm no longer a US citizen, but even if I were, I wouldn't have a clue as to how to prove I DON'T have any other children.  This so utterly ridiculous. Probably because I was sobbing uncontrollably, the clerk said he would talk with the judge again, but it doesn't sound like he will change his mind. So I guess I will keep sobbing. . . .  

 

[Kasumi63]

and sobbing . . . and sobbing. I'm sorry.

[Davie]

Oh, Dear, Dear, Kasumi.

I'm so sorry you feel so bad. Big hugs to you. You know in the country of this website with all of us, you are 100% you.

Your battle over your identity there is courageous and it is beautiful. Your battle is your victory--look how tall you stand when you stand up for yourself. Hang in there . . . there is a purpose to every sorrow. Keep fighting for it. Keep fighting for what is truly yours. We stand with you.

Big hugs,

Davie 

[Kasumi63]

Thank you, Davie!
 

So sweet of you to say, and that really means a lot to me. I’ve settled down a bit after the initial shock and lots of tears. I’m not going to give up yet. I’m looking at ways around this impasse, and if I have to hire a lawyer, I’ll do that, too. It’s really a discriminatory law (toward naturalized citizens more than toward transgender people), so maybe I can get a human rights group to help, too. First, I’m going to try some ideas of my own.  Thanks again!

[Charlize]

That is certainly a difficult hurdle!!!!!  I can only hope that as the initial shock, anger and disappointment ease a bit answers will come.  I don't know the legal system here and certainly don't know anything about Japan.  Could it help to get legal advice?  A human rights group or LGBTQ center might have some recommendations.  Meanwhile BIG HUGS.

 

Hugs,

 

Charlize

[Ivy]

7 hours ago, Kasumi63 said:

I need to prove I don't have any OTHER minor children.

Hard to prove a negative for sure.

Maybe something will turn up for you.  Hope so.

[Heather Shay]

@Kasumi63 having just read this thread my heart aches for you. I know my route is filled with many hurtles (Ohio isn't the most friendly LGBTQ state and they have A LOT of obstacles) but not like you must face. Is there anyone your therapist can recommend from a lawyer standpoint who might to help navigate this problem. Maybe an LGBTQ organization who have resources or experience getting through this problem?

I agree it is totally unfair but as you know, we have so many unfair practices held against us but it does make us stronger and won't break us.

Hang in there and know my thoughts and love are with you.

[Kasumi63]

Thank you, everyone. Always so touched by the support here. After initially sobbing (mainly from the shock and seemingly impossible to overcome nature of the request), I have settled down and am looking at options. I have consulted with several other people and will continue the fight. My best option, I’m thinking, is to get a notarized affidavit from someone who has known me, and to submit an affidavit myself. I will also consult a lawyer and contact an LGBT group. I have a couple of other ideas, too, which I won’t go into. Clearly, the law is discriminatory for requiring that the transgender person not have any minor children. The assumption is that transgender parents are bad for children. Gotta protect the kids, right? On top of that, I’m facing the discrimination toward naturalized citizens. 
 

Anyway, I really appreciate the words of support. I send my love and appreciation from Okinawa. Hopefully, I will have good news but even if I don’t, I will continue to fight.

 

Kasumi

 

[Heather Shay]

@Kasumi63 you deserve every bit of the support we can give and I'm glad you have the right fighting spirit - it will help you reach your goal.

[Davie]

Glad to hear you're hanging in there, Kasumi.

I had my own tussle with bureaucracy today myself. Having to re-submit my paperwork in a confusing form to fit their egos—but I remembered one woman who was helpful before and took the whole thing to her. Bingo fixxo! Finding the right ally is huge—sounds like you got that. Good luck identifying the children you don't have.

 

hugs,

Davie

[Lee H]

Hi Kasumi

Here are a couple of thoughts/suggestions that might help a little, I hope:

 

The clerk is not the judge. You're getting the information through a bureaucrat's interpretation of what the law requires. The judge has discretion to apply the law fairly, within the bounds of the statute and cases interpreting it. The clerk has no discretion at all, and does not want to get in trouble with the judge by handing out incorrect "legal advice." 

 

Unless you're interested in making "new law" on behalf of other naturalized and/or trans folk, it seems advisable to frame your petition squarely in the middle of the statute/cases now in the books. The idea here is to make it as easy as possible and not at all judicial career threatening for the judge to grant your petition. Presumably the statute[s] pertaining to your situation were added for some rational reason, to prevent a harm or to promote something beneficial. Frame your petition to avoid any hint of that harm, and squarely within that good.

 

If you are intending to get the legal situation straightened out for yourself and others similarly situated, joining forces with entities that share your goals will make life much easier. You could find them through LGBTQ+ organizations, or naturalized citizens support groups. 

 

The law recognizes the impossibility of proving a negative, here and there, I presume. If you submit a sworn affidavit/declaration saying you have no other children, that will become the only evidence in the record material to that issue, unless someone is opposing your petition. [If so, hire a lawyer, plus quick]. 

 

I hope you're successful with this, Kasumi, without too much pain. Remember, if the law there allows it at all, you just need to fall within the middle of the herd; ie, squarely within the statute.

 

~~Good luck wish and a big hug, from Lee~~

 

 

 

 

[Kasumi63]

Thank you again, everyone! Your support really carried me through. After weeks of stress and lots of tear and anguish, I finally got a ruling in support of my gender change petition! They kept me sweating to the very last minute, with an additional request that was unreasonable. After that additional request (for my medical charts), which would have extended my case for an additional month, I called the court, explained that that information would take another month and that I had already produced proof for what they needed. I insisted that my message be passed to the judge. Shortly after that, I got another call from the court, saying that the judge had relented, and that he would soon issue a ruling. 
 

I’m quite proud of myself, too, if that’s okay to say, for solving this entirely on my own without hiring a lawyer—and entirely in Japanese! I even posted a long explanation on a Japanese law bulletin board, and even the lawyer that posted a reply didn’t know what to do. He just said that the judge must have been mistaken for asking for more evidence, and that I should ask again if more proof was needed. All of the ideas I mentioned in my previous not failed, but I finally came up with the solution. Without going into too much detail, I basically needed to track down old records from twenty years ago, from under an old alien registration system that was discontinued 10 years ago. City Hall no longer can produce the records, so I had to petition the Japanese government in Tokyo to get them. That was the proof I needed! 

 

The paperwork will probably take a week before I am issued a new family registry (the main document here in Japan for establishing one’s identity), which will then allow me to start changing my driver’s license, passport, and other documents. I am soooooo happy. Thank you all for the support!

 

Kasumi <— actual legal name!
 

 

[Heather Shay]

@Kasumi63 that is fantastic news and you absolutely have to be proud of yourself for accomplishing the near impossible. You are showing in action that a determined woman cannot be stopped when she puts her mind to it.

Heather

[Kasumi63]

Thank you, Heather! Hugs from the other side of the world!
 

[Ivy]

Good for you

[KayC]

Awesome, Kasumi san!  Your determination made all the difference❣️

[Davie]

Hey, Kasumi <— actual legal name!

 

Congratulations!

That's just great. Super perseverance and courage. 

AND you get to feel acknowledged and happy--how important is that!

A good and real story to buoy my spirits today, too.

Konishiwa,

 

Davie

[Charlize]

Congratulations!

 Enjoy the success and affirmation.  With luck the next person will also have an easier time due to your efforts!

 

Hugs,

 

Charlize

[Heather Shay]

@Kasumi63 I love the braids. I love a baseball shirt with the name of someone who just knocked one out of the park. You are my home run girl.

[Kasumi63]

LOL. Thank you again, everyone, for all the sweet comments!  I’m on cloud nine (assuming that’s the right number)!