Same-Sex Marriage Status in Japan
Same-sex marriage in Japan has no national registration as of 2026-09-08.123 Municipal offices cannot register a same-sex marriage under the current Civil Code and Family Register Act, even as high courts divide over constitutionality and local partnership certificates spread.
Last verified: 2026-09-08. This topic moves fast through courts, ordinances, and immigration practice. Recheck the litigation status and your municipality's current rules before acting.
Procedures, fees, and requirements can change. Confirm current details at the Ministry of Justice family register guidance, the Immigration Services Agency (出入国在留管理庁, ISA), and the Supreme Court case information pages. This article is general information, not legal, tax, or immigration advice; for your specific case, consult a licensed immigration lawyer or gyoseishoshi (行政書士, administrative scrivener), or your embassy consular section for home-country recognition questions.
Overview
Japan registers marriage at the municipal counter through the 婚姻届 (konin todoke, marriage registration form) system, and that system currently accepts only opposite-sex couples nationwide.12 A same-sex couple cannot obtain a national marriage status, a shared koseki entry, or spouse-based residence status on the strength of their relationship alone.45
What exists instead is a three-layer picture. National law bars registration, courts are actively testing that bar, and municipalities certify partnerships with local effects only.367
For international couples, immigration adds a fourth layer: a narrow discretionary visa practice that turns on home-country recognition.58
The terms below recur throughout this article:
| Japanese term | Romaji | English gloss |
|---|---|---|
| 同性婚 | dosei kekkon | Same-sex marriage |
| 戸籍 | koseki | Family register, citizens only |
| 婚姻届 | konin todoke | Marriage registration form |
| 特定活動 | tokutei katsudo | Designated Activities, discretionary status of residence |
| パートナーシップ証明書 | patonashippu shomeisho | Partnership certificate issued by a municipality or prefecture |
| 在留資格認定証明書 | zairyū shikaku nintei shomeisho | Certificate of Eligibility |
Who this article is for
This article is for same-sex couples involving at least one foreigner.58 It covers foreign-foreign couples living in or moving to Japan, Japanese-foreign couples, and any couple weighing a municipal partnership certificate alongside immigration options.65
It does not cover opposite-sex international marriage procedure in detail. It describes the system as it stands and gives no individualized legal advice; case-specific questions belong with an immigration lawyer, a gyoseishoshi, or your embassy.58
National Legal Position: No Marriage Registration
Marriage takes effect upon notification under the Family Register Act, and the Code frames that unit as husband and wife, including the shared-surname rule.1 A family register is created per unit of husband and wife plus same-surname children, and the notice must state the surname the husband and wife will take.2
Municipal offices apply that framework everywhere in Japan, so no ward or city office can accept a same-sex marriage notification at the national level (as of 2026-09-08).38 There is no same-sex entry on the koseki and no national certificate equivalent to a marriage certificate for a same-sex couple (as of 2026-09-08).12
Press coverage in 2026 describes Japan as the only G7 country without national same-sex marriage or national civil partnership recognition (as of 2026-03-26; confirm current comparative claims against current reporting).3 That characterization is press framing, not a statutory source, but the underlying registration bar is statutory.12
Why high-court rulings have not changed registration
Court declarations do not rewrite statutes. Only the National Diet can amend the Civil Code and the Family Register Act, including gendered terms and register mechanics.39
That is why registration practice stands still while litigation moves. Even in the appellate cases that found the ban unconstitutional, the courts rejected the plaintiffs' damages claims against the state (as of 2026-03-26).3
Court Decisions and Active Litigation
Six Marriage for All cases reached the high courts, and on 2026-03-25 the Supreme Court Third Petty Bench referred all six to the 15-justice Grand Bench for a unified constitutional ruling (as of 2026-03-26; confirm current scheduling with Supreme Court case information).3 The Grand Bench convenes for constitutional questions, and this will be the court's first constitutional interpretation of the same-sex marriage provisions.3
Five high courts found the ban unconstitutional: Sapporo, the first Tokyo case, Fukuoka, Nagoya, and Osaka (as of 2026-03-26).3 Those courts cited Constitution Article 14(1) equality under law and Article 24(2) individual dignity and equality of the sexes, with Sapporo also citing Article 24(1) freedom of marriage and Fukuoka also citing Article 13 pursuit of happiness (as of 2026-03-26).3
The outlier is the second Tokyo High Court decision of 2025-11-28, which found the provisions constitutional (as of 2025-11-28).1011 That court held that defining legal marriage as opposite-sex falls within the Diet's legislative discretion and that the Diet should deliberate fully before any framework is selected.11
March 2026 reporting expected a Grand Bench ruling as early as 2027, with oral-argument scheduling not yet fixed at that time (as of 2026-03-26; confirm current scheduling before relying on the timeline).3 Bills to introduce gender-neutral marriage language were submitted in 2019 and 2023 but did not advance to enactment in background reporting (as of 2026-09-08; confirm against Diet records).129
The litigation path looks like this:
What a Supreme Court ruling could and could not do
A Grand Bench finding of unconstitutionality would set binding constitutional interpretation, but it would not itself rewrite the Civil Code.39 Legislative amendment by the Diet would still be required before any municipal office could register a same-sex marriage.9
Commentary lists the downstream rights at stake as inheritance, spousal tax treatment, residence status as spouse, medical decision authority, and adoption eligibility (as of 2026-04-16).9 Those are forward-looking stakes, not enacted rights, so treat them as what litigation could unlock rather than what exists today.9
Municipal and Prefectural Partnership Certificates
As of 2026-08-01, reporting counted 566 municipalities and 31 of 47 prefectures operating a partnership oath or certification system (as of 2026-08-01; confirm your locality against its own ordinance page).12 Shibuya and Setagaya wards began issuance in 2015, the Tokyo Metropolis system took effect 2022-11-01, and networks have since spread through major cities (as of 2026-08-01).12
Under the Tokyo Partnership Oath System, the Governor certifies by Certificate of Acceptance that two people made a partnership oath.6 The oath is not legally binding and does not change family register or residence-record entries.67
Tokyo eligibility has five cumulative conditions.67 At least one party is a sexual minority, both are 18 or older, and neither has a spouse (including common-law) nor another partnership.67
The pair are not close kin as defined, and at least one party lives, works, or studies in Tokyo or plans to move there within three months. Nationality is not a consideration once those conditions are met.6
Foreign nationals prove unmarried status with a home-country document such as a certificate of legal capacity to marry plus a Japanese translation bearing the translator name.7 Supporting documents must generally have been issued within the past three months.7
Tokyo practice is one example, not a national template. Document lists, freshness windows, and covered facilities differ by municipality and prefecture, so confirm with the specific office where you will file.
What certificates can help with locally
Certificates are used in civil matters such as housing applications including municipal housing, hospital visitation and consent contexts, and employer family-benefit recognition (as of 2026-09-08).7812 Acceptance depends on the facility or employer and is encouraged rather than compelled by national law, so outcomes vary in practice.812
Tokyo allows a couple in an overseas same-sex marriage to use the oath system where the other requirements are met.67 That makes the certificate a complement to a foreign marriage, not a substitute for it.7
What certificates do not do
Certificates confer no national marriage status, no koseki entry, and no automatic inheritance, tax, custody, or immigration effect.6758 A hospital or landlord may reference a certificate in practice, but no national law obliges them to honor it.812
A certificate issued in one locality may not be recognized after a move unless a mutual-recognition or streamlining agreement covers the new locality (as of 2026-09-08; confirm with both offices).712 Tokyo publishes agreement lists for intra-metropolitan moves, but each move still needs its own check.7
Visa Paths for International Same-Sex Couples
ISA frames spouse categories around a spouse valid under Japanese domestic marriage law.45 The Spouse or Child of Japanese National page defines the category as the husband or wife, biological child, or special adopted child of a Japanese national.4
Periods of stay run 5 years, 3 years, 1 year, or 6 months (as of 2026-09-08; confirm current bands with ISA).4
A foreign same-sex marriage alone therefore does not qualify for Spouse or Child of Japanese National, Spouse of Permanent Resident, or Dependent status.5 Practitioner sources describe the same exclusion consistently across spouse-based categories (as of 2025-06-18).5
The available statuses compare as follows (as of 2026-09-08 for the framework; operational rows dated per source; confirm current practice with ISA or counsel).458
| Status | Available on same-sex marriage alone | Work rights | As of | Source |
|---|---|---|---|---|
| Spouse or Child of Japanese National | No | Unrestricted once held on the opposite-sex route | 2026-09-08 | 4 |
| Dependent or Spouse of Permanent Resident | No | Per category rules on the opposite-sex route | 2025-06-18 | 5 |
| Designated Activities, non-notified same-sex partner | Possible, discretionary | None by default; up to 28 hours per week with permission | 2025-12-12 | 58 |
| Municipal partnership certificate | Not a status of residence | No immigration effect | 2026-09-08 | 58 |
Foreign-foreign couples married abroad
Since the 2013-10-18 Ministry of Justice notice Kan-Zai 5357 as quoted by practitioner sources, ISA practice permits a foreign same-sex spouse to seek Designated Activities on humanitarian grounds where the marriage is legally valid in the home-country context (as of 2025-06-18).5 This is discretionary practice described by practitioners, not an ISA public notice, so confirm your facts with counsel before filing.58
Practitioners state three conditions: a legally recognized marriage (not a de facto partnership) valid in both partners' home countries, one partner already holding a longer-term status in Japan such as work or permanent residence, and a stable financial base with genuine ongoing cohabitation and support (as of 2025-06-18).58
Municipal partnership certificates are not accepted as marriage certificates for immigration.58 Only a foreign marriage certificate from a recognizing jurisdiction counts; the local certificate is at most supporting evidence of an open cohabiting relationship.8
This Designated Activities category is non-notified, so no Certificate of Eligibility is issued (as of 2025-12-12).8 Practitioners describe the working route as entry as a Temporary Visitor, preferably for 90 days rather than 15 or 30, followed by a change-of-status application without leaving Japan during review (as of 2025-12-12; confirm procedure with ISA or counsel).8
Work is not permitted by default under this grant. Permission for activity outside the status may allow up to 28 hours per week, while full-time work needs a separate work status (as of 2025-12-12).58
Immigration requires a foreign marriage certificate from a recognizing jurisdiction. A ward or prefectural certificate alone does not satisfy the marriage proof and filing on that basis risks refusal.
Japanese-foreign couples
There is currently no Spouse of Japanese National path for a same-sex foreign partner because the marriage is not valid under Japanese domestic law.45 That exclusion is structural, not a processing delay.4
On 2022-09-30 the Tokyo District Court held that denying Designated Activities to a Japanese-foreign same-sex couple while granting it to foreign-foreign couples violated equality, while also holding that denying Long-Term Resident was not unlawful (as of 2025-06-18).5 ISA practice thereafter left room for Designated Activities grants in Japanese-foreign cases, but that practice remains narrow, discretionary, and case-specific.5
Expect intense scrutiny of whether the marriage is genuine, with extensive documentation of relationship history, cohabitation, and financial support (as of 2025-12-12).8 Because outcomes vary, early consultation with an immigration lawyer or gyoseishoshi matters more here than in routine spouse filings.8
What to prepare before consulting counsel
Practitioners describe a document set modeled on spouse filings: change-of-status application, photo, foreign marriage certificate with translation where needed, both partners' passports and residence cards, juminhyo (住民票, jūminhyō, "residence record"), written relationship history, guarantee letter, employment and tax and bank proof, and couple photos (as of 2025-12-12; this is a practitioner checklist, not an ISA-published list for this category).8
Reviews often run longer than standard spouse applications, and applicants should not depart Japan while the change application is pending (as of 2025-12-12).8 Bring the foreign marriage certificate, proof of cohabitation and financial support, and both partners' current status details to the first consultation so counsel can assess eligibility before any travel is booked.8
Practical Limits Beyond Marriage Status
Without national marriage status, automatic spousal inheritance, spousal tax deductions, pension survivor treatment, joint adoption, and spouse-based residence status do not attach.589 Couples use workarounds such as notarized agreements, wills, and employer-benefit registration where available, but workaround efficacy varies and needs counsel (as of 2026-09-08).58
Hospitals and landlords increasingly reference certificates in practice but face no national legal duty to honor them (as of 2026-09-08).812 That gap between encouragement and obligation is the practical reason to confirm each facility's policy in advance rather than assuming a certificate settles the question.12
Good to know
Check the last-verified date before acting
The Grand Bench referral of 2026-03-25 and the 566 plus 31 ordinance census of 2026-08-01 are already dated snapshots (as of 2026-09-08).312 Recheck Supreme Court case information and your destination municipality's current page before relying on either, since high volatility is the premise of this article.312
A partnership certificate is not a visa document
Showing a ward certificate at immigration does not satisfy the marriage proof.58 ISA practice requires a foreign marriage certificate from a recognizing jurisdiction, with the local certificate at most supporting evidence of cohabitation.8
Conflating the two layers causes refused or misfiled applications.5
Home-country recognition controls the visa question
Both partners' home-country validity matters on the practitioner account (as of 2025-12-12).8 A marriage valid in both home countries is described as eligible to apply, while practitioners report refusal where either country does not recognize the marriage, with Taiwan plus United States given as an eligible example and Taiwan plus mainland China as ineligible.8
Ward offices differ on certificates, so confirm locally
Eligibility details, accepted documents, and local effects differ by municipality and prefecture.67 Tokyo's residence, work, or study footprint plus its three-month document-freshness rule is one example, not a national template.7
Confirm with the specific office where you will file before gathering documents.6
See also
- Marriage to a Japanese National
- Marriage Between Two Foreigners in Japan
- The Affidavit of Competency to Marry
- Spouse Visa Application After Marriage Registration
- Domestic Partnerships and the Future of Marriage Law
- Koseki: Japan's Family Register Explained