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G 16/2013-16, G 44/2013-14

The local court denied the petitioner’s motion to certify the approval of her female partner to conduct in vitro fertilization with a third person’s semen. The regional court denied the appeal. It held that the wording of the Austrian Reproductive Medicine Act (FMedG) aims to exclude same-sex parenthood. The Supreme Court decided to bring this question to the attention of the Austrian Constitutional Court. The Austrian Constitutional Court decided that certain sections of the FMedG were unconstitutional.

Hema Vijay Menon v. State of Maharashtra

In Hema Vijay Menon v. State of Maharashtra, Hema Vijay Menon, a government lecturer, lost her only son and later chose to become a mother again through surrogacy after unsuccessful IVF attempts. When she applied for maternity leave under the Maharashtra Civil Services (Leave) Rules, 1981, the government denied the request, stating that the rules did not provide for maternity leave in cases of surrogacy.

平成16年(受)1748 (2004 (Ju) No. 1748)

The Supreme Court was asked to rule whether a father-child relationship could be legally recognized in the case where a child’s mother became pregnant through in-vitro fertilization with the frozen sperm of a deceased husband who, while he was alive, had consented to the use of the sperm even after his death.  The Supreme Court reversed the High Court’s ruling and declined to recognize the father-child relationship.  The Supreme Court considered that the legal framework in Japan concerning parent-child relationships did not anticipate such a relationship between a father and his c

平成19年(許)47 (2006 (Kyo) No. 47)

A Japanese married couple petitioned for a court order that a Japanese local government accept birth registers for twins born from a surrogate mother in Nevada with the ovum and sperm of the Japanese couple.  The state of Nevada, pursuant to its state court, had issued birth certificates for the twins, which showed the Japanese couple as their parents.  The Supreme Court reversed the High Court’s ruling that the birth registers need to be accepted.  It stated that Article 118 of the Japanese Civil Proceedings Act prescribes that a final judgment made by a foreign court takes

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