ART Policies and Regulations in Japan: Discourse Analysis of Religious, Cultural and Ethical Values in the Regulatory Landscape

This presentation examines the historical evolution of policies and regulations regarding ART (Assisted Reproductive Technology) in Japan over the past 40 years. Following the successful implementation of in vitro fertilization (IVF) in 1984, discussions on legal frameworks began, but a formal law was not enacted until December 2020. Despite extensive debate, this law notably excludes regulations on surrogacy and the guarantee of a child’s "right to know their origins," highlighting the urgent need for amendments. Surrogacy has been prohibited in principle by the guidelines of the Japan Society of Obstetrics and Gynecology (JSOG), yet some politicians within the ruling Liberal Democratic Party are currently drafting proposals for its legalization.

The study explores the values that have shaped this regulatory landscape through an analysis of historical and societal debates. It focuses on the ethical considerations of physicians involved in drafting the guidelines, discussions within the academic community, policy decision-making processes, and media portrayals of related issues. While Japan is often perceived as lacking strong religious values, societal "common sense" is significantly influenced by Buddhism and Shinto, which shape these debates. Thus, this research analyzes how religious, cultural, and historical values are reflected in the policymaking and regulatory formulation concerning assisted reproductive technologies in Japan. Materials for analysis include ethical guidelines from JSOG, laws, ministerial ordinances, meeting minutes, interviews with representatives from obstetrics and gynecology societies, records from the Science Council of Japan, Diet proceedings, and newspaper articles. Methods employed are interviews and discourse analysis.

The findings reveal that religious patriarchal values, modeling heterosexual couples with children, intersect with Western-derived bioethical values, shaping ART-related regulations and policies. Session participants will be encouraged to compare Japan’s unique characteristics with cases from other regions influenced by different religious values.