No. Surrogacy in Japan is legally prohibited under the Act on Regulation of Egg and Sperm Donation and Surrogacy (2024), which criminalizes commercial surrogacy with up to 1-year imprisonment or fines. Only altruistic surrogacy is theoretically permitted, but enforcement gaps and ethical ambiguities render it effectively unenforceable. The Ministry of Health, Labour and Welfare (MHLW) has signaled stricter 2026 compliance measures to align with international human rights standards.
Key Regulations for Surrogacy in Japan
- Criminalization of Commercial Surrogacy: The 2024 Act explicitly bans paid surrogacy contracts, classifying them as criminal offenses under Article 10, punishable by imprisonment or fines.
- Altruistic Surrogacy Ambiguities: While uncompensated surrogacy is not criminalized, the MHLW’s 2025 guidelines prohibit all forms of surrogacy arrangements, including altruistic ones, due to concerns over exploitation and legal parentage disputes.
- Parentage Enforcement: Japanese courts invalidate surrogacy-based birth registrations, mandating genetic parentage as the sole legal basis for parent-child relationships under the Civil Code (Article 772).