I hereby promulgate the Eugenic Protection Law. Signed:HIROHITO, Seal of the Emperor This thirteenth day of the seventh month of the twenty-third year of Showa (July 13, 1948) Prime Minister ASHIDA Hitoshi Law No.156 Eugenic Protection Law Chapter 1. General Provisions

(Object of this Law) Article 1. The object of this Law is to prevent the increase of the inferior descendants from the standpoint of eugenic protection and to protect the life and health of the mother as well.

(Definition) Article 2. The words "eugenic operation" as used in this Law mean the surgical operation to be designated by order which incapacitates a person for reproduction without removing the reproduction glands. The words "artificial interruption of pregnance" as used in this Law mean the artificial discharge of a fetus and its appendages from the mother at the period that a fetus is unable to keep its life outside of the mother's body.

Chapter 2. Eugenic Operation

(Discretionary eugenic operation) Article 3. The physician may exercise the eugenic operation at his discretion, on a person who falls under any of the following items, with the consent of the person in question and the spouse (including a person actually under the same conditions as getting married though not notified to the authorities concerned. The same shall apply hereinafter if the person be married,) provided, that minors, mental patients and those who have mental weakness are exceptions: (1) If the person in question or the spouse has the hereditary psycho-pathological disease, hereditary morbid character, hereditary physical disease or hereditary deformity; (2) If the person or the spouse has a relative in blood of within the 4th degree of consanguinity who has the hereditary mental disease, hereditary mental weakness, hereditary psycho-pathological disease, hereditary morbid character, hereditary physical disease or hereditary deformity and that is considered to be inherited to the descentant; (3) If the person in question or the spouse is suffering from leprosy and is considered to be inherited to the descendants; (4) If the life of mother is endangered by conception or by delivery; (5) If the mother has several children and her health conditions seem to be remarkably weakened by each occasion of delivery. 2. The consent described in the preceding paragraph is sufficient with the sole consent of the person in question, if the spouse is unknown or can not express his or her intention.

(Application for investigation of the compulsory eugenic operation) Article 4. The physician may apply to the Prefectural Eugenic Protection Commission for investigation as to whether the eugenic operation is to be adoptable, even though he does not obtain the consent required in the preceding Article, if he recognizes the eugenic operation is necessary for the sake of public interests in order to prevent heredity of the disease, in case the result of his examination evidently shows the disease enumerated in the list below.

(Examination of eugenic operation) Article 5. When the Prefectural Eugenic Protection Commission has received an application in accordance with the provisions of the preceding Article, the Commission shall notify a person upon whom the eugenic operation is to be exercised to that effect, and accordingly shall notify the applicant and the person to be operated the result of decision whether the eugenic operation is exercised or not, upon examining the case in which the essentials provided for in the said Article might be involved. When the Prefectural Eugenic Protection Commission has decided that the exercise of eugenic operation is considered reasonable, the Commission shall, upon hearing opinions of the applicant and others concerned designate the physician to carry out the operation and notify it to the applicant, the person to be operated and the physician concerned.

(Application for re-examination) Article 6. In case a person upon whom it has been decided to exercise the eugenic operation in accordance with the provisions of the preceding Article paragraph 1, has had objection to it, he may apply to the Central Eugenic Protection Commission for re-examination within two weeks from the date that he received notification provided for in the said paragraph. 2. The spouse, the person in parental right, the guardian or the assistant of the person upon whom it has been decided that the eugenic operation be exercised as provided for in the preceding paragraph, may apply for the re-examination.

(Re-examination of eugenic operation) Article 7. When the Central Eugenic Protection Commission has accepted an application for re-examination provided for in the preceding Article, the Commission shall notify the physician who takes charge of operation, to that effect and, on the other hand, shall make decision by examining again whether the exercise of eugenic operation is reasonable or not, result of which shall be notified to the applicant for re-examination, the person who shall undergo eugenic operation and the Prefectural Eugenic Protection Commission and the physician concerned.

(Presentation of opinion in connection with investigation) Article 8. The applicant mentioned in the provisions of Article 4, the person who shall undergo the eugenic operation, and the spouse, the person in parental right, the guardian or the assistant, may present the Prefectural Eugenic Protection Commission or the Central Eugenic Protection Commission the fact or opinion by means of the written or verbal statement in connection with investigation provided for in Article 5, Paragraph 1, or re-examination provided for in the preceding Article.

(Institution of suit) Article 9. A person who does not consent to the decision made by the Central Eugenic Protection Commission can institute a suit within a month after he was notified of the decision provided in Article 7.

(Carrying out eugenic operation) Article 10. When the decision has been settled without objection to the decision that the eugenic operation shall be carried out, or when the court has given judgement to the above decision, the physician under the provisions of Article 5, paragraph 2, shall carry out the eugenic operation.

(Bearing of the operation expenses by fiscus) Article 11. The expenses to be incurred by carrying out the eugenic operation according to the provisions of the preceding Article shall be borne by the national treasury, in accordance with the rules prescribed by Cabinet Order.

Chapter 3. Protesting Maternity

(Artificial interruption of pregnancy at physician's discretion) Article 12. The physician designated by the Medical Association, that is a corporate juridical body established in the prefectural district as a unit (hereinafter called the designated physician), may exercise the artificial interruption of pregnancy, at his discretion, to the person who falls under any of items 1 to 4 inclusive of the preceding Article, with the consent of the person in question or the spouse. 2. As to the consent described in the preceding paragraph, the provisions provided for in paragraph 2 of the Article 3 shall apply correspondingly.

(Application for investigation of the artificial interruption of pregnancy) Article 13. In case the designated physician deems it necessary, for the sake of protecting maternity, to carry out the artificial interruption of pregnancy to the mother who comes under any of the following items, the physician may, with the consent of the person in question and the spouse, apply to the District Eugenic Protection Commission for investigation whether it is proper to carry out the artificial interruption of conception: (1) If a female has one of the diseases listed below; (2) If a mother has again conceived within a period of one year after delivery, and seems remarkably injurious for her health by the delivery; (3) If a mother who possesses several children has again conceived and her health may remarkably be injured by delivery; (4) If a female has conceived by violence or threat, or by adultery while she was unable to resist or refuse. 2. An application mentioned in the preceding paragraph shall be attached with opinion of another physician in the case of items 1, 2 and 3 under the said paragraph and with opinion of the Welfare Commissioner in the case of item 4 under the said paragraph. 3. As to the consent described in paragraph 1 of this article, only the consent of the person in question is needed, in case the whereabouts of the spouse is unknown or where the spouse can not express his or her intention. In case the person in question is mentally deranged, only the consent of the guardian or assistant is needed.

(Investigation of artificial interruption of pregnancy) Article 14. In case the District Eugenic Protection Commission has accepted an application in accordance with the provisions of the preceding Article paragraph 1, the Commission shall, after investigating carefully whether or not the essentials provided for in paragraph 1 of the said Article are involved, and in case the spouse is minor, whether or not he was threatened to consent, decide, within the period prescribed by order, reasonability for the exercise of the artificial interruption of pregnancy, result of which be notified to the applicant.

(Carrying out of the artificial interruption of pregnancy) Article 15. The designated physician may, in accordance with the decision of the preceding article, carry out the artificial interruption of pregnancy.

Chapter 4. Eugenic Protection Commission

(The Eugenic Protection Commission) Article 16. In order to investigate reasonableness in connection with the eugenic operation and the artificial interruption of pregnancy, and to dispose of other necessary matters concerning eugenic protection regulated by this Law, the Eugenic Protection Commission shall be established.

(Organization and powers) Article 17. The Eugenic Protection Commission shall be in three forms, namely, the Central Eugenic Protection Commission, the Prefectural Eugenic Protection Commission and the District Eugenic Protection Commission. The Central Eugenic Protection Commission shall principally deal with re-examination of reasonableness relative to the eugenic operation and other necessary matters on eugenic protection provided for in this Law, under the supervision of the Minister of Welfare. The Prefectural Eugenic Protection Commission to be established in Tokyo, Hokkaido and every prefecture, under the supervision of the prefectural Governor, shall investigate the cases concerning the eugenic operation. The District Eugenic Protection Commission to be established in every district of the Health Office, under the supervision of the prefectural Governor concerned, shall investigate reasonableness concerning the artificial interruption of pregnancy.

(Composition) Article 18. The Central Eugenic Protection Commission shall consist of not more than thirty members, the prefectural Eugenic Protection Commission of not more than ten and the District Eugenic Protection Commission of not more than five members. 2. Each Eugenic Protection Commission may, if necessary under special circumstances, have any tentative members. 3. The member and the tentative member of the Eugenic Protection Commission shall be appointed, from among physicians, members of the Welfare Commissioner, judges, prosecutors, officials of the government and municipal offices concerned or those who have learning and experience, by the Minister of Welfare in case of Central Eugenic Protection Commission, by the Governor concerned in the case of the Prefectural and the District Eugenic Protection Commissions respectively. 4. Each Eugenic Protection Commission shall have a chairman selected by its own members.

(delegated business) Article 19. The terms of the Commission members, duties of the chairman and other necessary matters concerning the management of the Eugenic Protection Commissions, excepting those provided for in this Law, shall be provided for by order.

Chapter 5. Eugenic Marriage Consultation Office

(The Eugenic Marriage Consultation Office) Article 20. In response to consultation on marriage affairs from the view point of eugenic protection and simultaneously in attempting prevalence and elevation of necessary knowledge relating to inheritance and other eugenic protection for the purpose of preventing the increase of undesirable descendants, the Eugenic Marriage Consultation Office shall be established.

(Establishment) Article 21. The Eugenic Marriage Consultation Office shall be established, at least, more than one in each prefectural district. 2. The Eugenic Marriage Consultation Office may be attached to the Health Center.

(Approval of the establishment) Article 22. A person other than the State must get approval of the Minister of Welfare if he will establish the Eugenic Marriage Consultation Office. 2. The Eugenic Marriage Consultation Office mentioned in the preceding paragraph shall have a physician according to the standard set by the Welfare Minister and have equipments necessary for examination and so forth.

(Exclusive use of its name) Article 23. Any letters indicating the Eugenic Marriage Consultation Office shall not be used in the name of office, excepting the one established in accordance with this Law.

(Delegated business) Article 24. Necessary matters concerning the Eugenic Marriage Consultation Offices, excepting those provided for in this Law, shall be prescribed by order.

Chapter 6. Notification, Prohibition and Others

(Notification) Article 25. The physician or the designated physician who has carried out the eugenic operation or artificial interruption of pregnancy in accordance with the provisions of Article 3, paragraph 1, Article 10 or Article 15, shall notify the prefectural governor the fact stating the reasons thereof within three days.

(Notice) Article 26. In case a person who has been conducted the eugenic operation, intends to get married, shall notify the partner to that effect.

(Secrecy of the operation) Article 27. Any member and tentative member of the Eugenic Protection Commission, or any officials who have engaged in examination or actual business of the eugenic operation or the artificial interruption office shall not break any secrets that he has learned in the performance of his duties. The same also applies in the case where he has retired from his office.

(Prohibition) Article 28. The eugenic operation shall not be conducted without reasons, except in the case of falling under the provisions of this Law.

Chapter 7. Penal Provisions

(Contravention to the Art.22) Article 29. If a person has, in contravention of the provisions of Article 22, established the Eugenic Marriage Consultation Office without the approval of the Minister of Welfare, he shall be liable to a fine not more than five thousand yen.

(Contravention to the Art.23) Article 30. If a person, in contraventing of the provisions of Article 23, has used the name indicating the Eugenic Marriage Consultation Office, he shall be liable to a fine not more than one thousand yen.

(Contravention to the Art.25) Article 31. If a person, in contravention of the provisions of Article 25, has failed to present a report to the competent authorities or has made false report, he shall be liable to a fine not more than ten thousand yen.

(Contravention to the provision of Article 27.) Article 32. If a person, in contravention of the provision of Article 27, has broken other's secrets without reasons, he shall be liable to penal servitude not exceeding six months or to a fine not more than twenty thousand yen.

(Contravention to the Art.28) Article 33. If a person, in contravention of the provisions of Article 28, has exercised the eugenic operation, he shall be liable to penal servitude not exceeding one year or to a fine not more than fifty thousand yen. In case where the operation has caused death, he shall be liable to penal servitude not exceeding three years.

Supplementary Provisions:

(The date of enforcement) Article 34. The present Law shall come into force as from the day when 60 days have elapsed counting from the day of its promulgation.

(Abrogation of Laws concerned) Article 35. The National Eugenic Law (Law No.107 of 1940) shall be abolished.

(Continuance of force of penal provisions) Article 36. With regard to applying the penal provisions to the offense prior to the enforcement of this Law, the Law and Regulations mentioned in the preceding paragraph shall still be effective even after the enforcement of this Law.

(Exception of notification) Article 37. The provisions of Article 25 shall not apply in its scope to the case where notification has been made according to the Ministry of Welfare Order No.42 of 1946 (Regulations concerning notification of still birth).

Annexed List. 1. Hereditary psychosis Schizophrenia Manic-depressive psychosis Genuine epilepsy 2. Hereditary mental defficiency Idiocy Imbecility Debility 3. Intense and malignant hereditary psychopathia Intense abnormal sexual desire Habitual malignant criminal 4. Intense and malignant hereditary abnormal character Schizophrenic constitution Constitution of disease of the circulatory system Epilepsic constitution 5. Intense and malignant bodily illness Hereditary chorea progressiva Hereditary spinal ataxia Hereditary cerebellar ataxia Amyotrophia lateral sclerosis Amyotrophia spinalis progressiva Progressive musculer atrophy Dystrophia musculorum progressiva Myotonia Myoklonusepilepsy Hereditary tremor Familial infantile extremity paralysis Spastic spinal paralysis Ankylosic amyotrophia Congenital musculorum atonia Congenital cartilaginous malgrowth Multiple cartilaginous osteoma Leukosis Ichthyosis Multiple soft neurofibroma Sclerosis nodosum Xeroderma pigmentosum Edidermolysis bullosa hereditaria Congenital porphyrin urine Keratoma palmare et plantare hereditarium Atrophia nervi optici hereditarium Pigmentdegeneration of retina Maculadegeneration Glioma retinae Congenital cataract Achromatopsia Buphthalmus Amaurosic idiocy Congenital nystagmus Blue sclera Congenital deafness Hereditary dysacousia Hemophilia 6. Intense hereditary malformation Rupture of hand, Rupture of foot Hypertrophia of finger and toe Facial rupture Anophthalmus congenitus Cystic spibal repture Congenital defect of bone Congenital defect of extremity Microcephalia And others specified by the Minister of Welfare. Attorney-General SUZUKI Yoshio Minister of Welfare TAKEDA Giichi Prime Minister ASHIDA Hitoshi