Egg Donation in Japan
Contents
Summary of Egg Donation in Japan
Is Egg Donation Legal in Japan?
Availability of Donor Eggs, Sperm, and Embryos in Japan
Import and Export of Gametes to Japan
Egg Donor Compensation in Japan
Anonymous, Open, and Known Donation in Japan
Surrogacy in Japan
Can LGBTQIA+ Couples Use IVF in Japan?
Can Single Women Use IVF in Japan?
How to Choose an IVF Clinic in Japan
Legal assistance and counseling for intended parents in Japan
Average Costs of IVF with Donor Eggs or Sperm in Japan
Summary of Egg Donation in Japan
Japan has the highest rates of IVF and other assisted reproductive technologies (ART) in the world; 8.6% of babies born in 2021 were conceived through IVF. In 2020, there were around 600 medical facilities performing ART. Recently, the Japanese government introduced subsidies for IVF for Japanese citizens in certain income groups, as well as paid leave for ART treatments. For patients undergoing IVF, preimplantation genetic screening is restricted, and sex selection is prohibited unless medically indicated.
Despite this, Japan lacks regulations on third-party reproduction and has been slow to clarify many aspects of the law. While egg donation is legal in Japan, it is not very common. The legal landscape is not conducive to third-party reproduction, and many Japanese intended parents seek care abroad. Those who stay in Japan may operate in a gray area of the law; legal advice is strongly recommended for any intended parents considering this.
In the absence of clear government laws and regulations, professional societies have issued their own non-legally binding guidelines for members. In general, commercial gamete donation is not permitted. Noncommercial, anonymous donation is allowed in principle, as are known donors (e.g., friends or family of the intended parents). Surrogacy is understood to be prohibited.
Is Egg Donation Legal in Japan?
Japan passed the Act on Assisted Reproductive Technology Offering and the Special Provisions of the Civil Code Related to the Parent-Child Relationship of a Child Born as a Result of the Treatment (2020).
The law stipulates that a woman who delivered a child conceived via egg donation is the mother, and a husband who consented to sperm donation is the father. Beyond this, the Act left many issues unresolved, such as regulation of ART, regulation for donated gametes, disclosure of information to children born through donated gametes. The Act recommended that these issues be resolved within two years, but to-date, they have not been clarified.
The practice of egg donation is regulated, and there are specific conditions under which it can occur. Donors do not receive payment, and any children born as a result of egg donation must be informed of their origin before entering elementary school. At the age of 15, they have the option to learn the identity of the donor.
In the absence of clear government laws and regulations, professional societies started issuing their own guidelines for their members in the early 2000s. The guidelines are not legally binding, but in practice, nearly all IVF clinics in Japan are members of these societies and thus follow the guidelines. This included the Japan Society of Obstetrics and Gynecology’s guidelines in 2004, and the Japan Society of Reproductive Medicine’s guidelines in 2009. These guidelines are generally based on a 2003 report by the Ministry of Health, Labour and Welfare, which are described below. All have concluded commercial egg donation should be prohibited, and only ‘altruistic’ donation should be permitted. They also recommend that surrogacy should be legally banned.
Around the same time, the Japanese Institution for Standardizing Assisted Reproductive Technology (JISART) was organized by the private sector (2003) and formulated its own guideline. Following this, JISART’s member clinics established voluntary egg donation programs among relatives of recipients (so-called ‘known’ donors).
The Ministry of Health, Labour and Welfare’s Science Council Subcommittee on Assisted Reproductive Medicine issued a ‘Report on the development of assisted reproductive health care system by providing sperm, eggs, embryos, etc.’ in 2003. The report concludes that egg and sperm donation should be limited to legally married couples diagnosed with infertility, and should not apply to non-married couples or couples who cannot achieve pregnancy due to ‘aging.’ The report suggests an age cut off of 50 years, while the Japan Society for Reproductive Medicine suggests 45 years in their 2009 guidelines. Embryo donation does not appear to be allowed unless exceptional review and permission is granted. The review must be carried out by the ethics committee of the medical facility and the review board of the public management and administration organization.
Pursuant to Article 772, para.1 of the Civil Code (Presumption of Child in Wedlock) “a child conceived by a wife during marriage shall be presumed to be a child of her husband.” If a woman who uses assisted reproductive technology using donated eggs gives birth to a child, the woman giving birth is the child's mother. A husband cannot rebut the presumption of the child born in wedlock conceived by his wife as a result of assisted reproductive technology using the sperm (including the embryo originating from that sperm) of another with the consent of the husband, notwithstanding the provisions of Article 774 of the Civil Code.
Availability of Donor Eggs, Sperm and Embryos in Japan
The availability of donor eggs and sperm is very limited in Japan due to the lack of a clear legal and regulatory framework for donation. The legal framework allows for egg donation, but traditionally, donations have been from relatives or friends. It was only recently that donations from strangers became permissible under certain ethical guidelines. At the time of writing, there are no operating egg banks in Japan.
A few clinics in Japan have established their ethical standards, and offer egg donation to a very limited number of couples. However, the conditions to meet these standards are rigorous, such as several years of ethical review before the actual treatment. Eggs may be collected up to three times from the same person. The maximum number of children conceived by a person who has received assisted reproductive technology using sperm, eggs, or embryos donated by the same person is 10.
Egg sharing is also allowed in principle, though again, uncommon in practice. In egg sharing, the recipient and the donor must enter into a contract in a manner that guarantees anonymity regarding various conditions such as the recipient's monetary contribution and the number of eggs to be donated. If this is chosen, then the person donating the eggs does not need to already have a child.
The rarity of egg donation in Japan can be attributed to various cultural and legal factors, including the absence of comprehensive legislation and societal attitudes towards third-party reproductive assistance. Efforts are ongoing to improve the legal framework to better protect the rights of donors, recipients, and resulting children.
Sperm donation is legal in Japan, but it operates within a highly regulated and somewhat restrictive framework. The primary legal method for sperm donation is through anonymous donors at medical institutions registered with the Japan Society of Obstetrics and Gynecology. These donations are used for artificial insemination (intrauterine insemination, or IUI) by donor (AID). AID requires medical and ethical review by a committee at the medical institution. IVF with donor sperm is uncommon, as it is not recommended by the Japanese Society of Obstetrics and Gynecology in its guidelines.
However, the practice of sperm donation is not very common, partly due to cultural attitudes and legal complexities surrounding donor anonymity and parental rights. There has been an increase in demand, with some Japanese women opting to use overseas sperm banks due to the limited domestic options. There are a few sperm banks operating in Japan, but the system remains relatively small compared to other countries.
The Ministry of Health, Labour and Welfare suggests that:
Sperm donors should be adults under the age of 55.
Egg donors must be adults who already have children and must be under the age of 35.
In principle, it is possible to request ABO blood type matching between the sperm, egg, or embryo donors and donor recipients. Other attributes, such as physical appearance, are not allowed to be requested.
Pre-implantation genetic testing for aneuploidy (PGT-A), also known as pre-implantation genetic screening (PGS), is currently not permitted in Japan. The Japan Society of Obstetrics and Gynecology has restricted the use of PGT-A, primarily due to ethical concerns and the potential for misuse. The main concern is that PGT-A might lead to the selection of embryos based on non-medical traits, such as gender, which is prohibited under Japanese regulations
Import and Export of Gametes to Japan
The law has not been clarified, but generally, importing eggs is heavily restricted. The Ministry of Health, Labour and Welfare oversees these regulations to ensure public health and safety. According to Japanese customs laws, importers must obtain the necessary licenses and authorizations to import biological materials, including donor eggs. This means that intended parents in Japan seeking donated gametes cannot import them from an overseas donor banks.
If you are considering using donor eggs in Japan, it is essential to consult with local fertility clinics to understand the legal framework and ensure compliance with all regulatory requirements.
Egg Donor Compensation in Japan
The Japan Society of Obstetrics and Gynecology strictly prohibits exchanging rewards or money to secure egg or sperm donors; in other words, commercial gamete donation is not permitted. However, intended parents bear the cost of the retrieval and may bear other associated costs, such as transportation expenses, communication expenses,and lost income due to a leave of absence from work, under the Ministry of Health, Labour and Welfare 2003 recommendations. It is recommended that the medical facility acts as the middleman to estimate the costs and transfer funds between intended parents and donors, which also helps to ensure anonymity in the case of anonymous donation.
Anonymous, Open, and Known Donation in Japan
Originally, professional societies recommended that only anonymous donations be allowed in Japan. Yet, some clinics report that the majority of donors are ‘known’, meaning that they are friends or family of the intended parents. Non‐commercial, anonymous donation in principle is allowed, but rare.
The Ministry of Health, Labour and Welfare has called for a legal system to allow children aged 15 or older to request disclosure of who donated eggs or sperm. However, this has not yet been resolved. Medical facilities must submit the personal information of children born through sperm, egg, and embryo donation to a public management organization, who will retain it for 80 years. Donor‐conceived individuals can ask public officials before marriage whether intermarriage (marriage to a relative) will happen, when the individual is 18 years old for males and 16 years old for females.
Surrogacy in Japan
According to the Report on the development of assisted reproductive health care system by providing sperm, eggs, embryos (2003) by the Health and Welfare Science Council Subcommittee on Assisted Reproductive Medicine, surrogacy is recommended to be prohibited. In March 2008, the Science Council of Japan proposed a ban on surrogacy and said that doctors, agents and their clients should be punished for commercial surrogacy arrangements. Other than that, it remains unregulated.
Legally, issues related to parenthood in the case of surrogacy outside of Japan are unresolved. In a case concerning cross‐border surrogacy and the status of a child born as a result, the Supreme Court of Japan in 2006 held that a woman who had delivered a child (the surrogate) was the legal mother of a child.
Can LGBTQIA+ Couples Use IVF in Japan?
Only ‘legally married’ couples are allowed to pursue gamete donation in Japan. Because same-sex marriage is not recognized in Japan, these couples cannot pursue gamete donation.
Can Single Women Use IVF in Japan?
Single women or women in ‘common-law’ marriages (not legally recognized) are not allowed to pursue IVF with donor gametes in Japan. In addition, the law has not clarified the status of the donor in relation to a child born to a single woman or woman in a same‐sex couple who has used donor sperm to conceive their child.
Choosing an IVF Clinic in Japan
Refer to our section on choosing an IVF clinic for a list of full considerations. In Japan, assisted reproduction using donated sperm, eggs, and embryos can only be performed at medical facilities designated by the Minister of Health, Labor and Welfare or the head of a local government. In designating these facilities, in order to ensure safety and improve technology, they must meet the standards set by the government:
Attachment 8 Providing Medical Facilities and Providing Medical Facilities
Staff who meet the standards set by the government based on human resources requirements shall be assigned
Intended parents should ensure that their clinic is designated by the Ministry. In addition, intended parents should seek clinics that have membership in the Japanese Society for Reproductive Medicine, Japan Society of Obstetrics and Gynecology, and Japanese Institution for Standardizing Assisted Reproductive Technology.
Legal assistance and counseling for intended parents in Japan
Due to the uncertainties around Japanese laws and regulations, intended parents are strongly recommended to find legal assistance prior to pursuing treatment.
Clinics are required to have rooms for counseling and provide counseling for intended parents. The Ministry of Health, Labour and Welfare suggests that intended parents are provided with counseling on the medical treatments, the implications of donor conception, support in the case of unsuccessful treatments, and therapeutic counseling on infertility.
Average costs of IVF with Egg or Sperm Donation in Japan
The average cost of a single IVF cycle in Japan typically ranges between ¥300,000 to ¥600,000 ($2,700 to $5,400 USD). However, when considering additional expenses such as medication, consultations, and potential extra procedures, the total can rise significantly, often reaching around ¥1,000,000 ($9,000 USD) per cycle.
Moreover, some regions or clinics may offer lower or higher prices, and the total cost can be influenced by individual circumstances and specific medical requirements. Insurance coverage and government subsidies can also impact the out-of-pocket expenses for IVF treatment.
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As a reminder, this website is not a substitute for professional legal and medical advice. Please seek the advice of your doctor and lawyer to verify the information that we provide.
