Japan looks to change law around same surname requirement for married couples

The governing party in Japan are looking at changing the legal system to allow couples to have separate surnames once married.

In many countries, it is traditionally expected, that when a couple marry, they will share the same surname or family name. In many countries this is not a legal requirement and is more of a societal expectation.

In Japan however, a married couple must legally adopt the same surname.

Currently 95% of married couples take the husband’s name with only 5% adopting the wife’s family name.

A registration form must be completed as part of the legalities of getting married
A registration form must be completed as part of the legalities of getting married

A change to the Civil Code to expand the usage of maiden names after marriage was promised by the Liberal Democratic Party (LDP) during the last election.

There is now discussion within the LDP about whether the system should be changed to allow individuals in a marriage to adopt separate surnames or retain maiden names, and how the current system should be changed to accommodate this.

Traditional marriage ceremonies will be unaffected as this change would only concern the legal registration of the marriage
Traditional marriage ceremonies will be unaffected as this change would only concern the legal registration of the marriage

The LDP recently held a meeting, on the 12th of February, of their Working Group on the Surname System at its headquarters in Tokyo.

This gathering marked the commencement of discussions on the potential introduction of an optional separate surname system for married couples.

The move is broadly supported in Japan, with many opposition parties and the Komeito Party advocating for the change, while the LDP remains divided between supporters and skeptics.

The outcome hinges on whether the LDP can achieve a consensus regarding this policy.

This meeting was the first of its kind since August of last year, drawing approximately 50 current Diet members.

LDP members of the Japanese parliament, the Diet, are involved in discussing the changes
LDP members of the Japanese parliament, the Diet, are involved in discussing the changes

Chairman Ichiro Aizawa opened the session by emphasizing the complexity of the issue. He stated: “This is not merely a choice between same or different surnames for married couples. We must strive for a balanced solution that respects both diverse values and Japan’s traditional family system.”

The discussions within the LDP have been multifaceted, with various proposals emerging.

Some advocate for the introduction of the separate surname system, while others suggest expanding the use of maiden names or providing legal guarantees for them.

A change to allow separate surnames has broad political support
A change to allow separate surnames has broad political support

Conservative voices have already started to offer counter proposals that focus on maintaining the current system and rejecting any substantial change.

Former Minister of Economic Security Sanae Takaichi recently presented her proposal to formalize an option that allows maiden names to be listed in parentheses alongside the legal married surname.

This is currently used by some individuals who prefer to be known by their maiden name but sees their maiden name legally regarded as a nickname.

Sanae Takaichi has come out in opposition to allowing couples to have different legal surnames

House of Representatives member Tsuneo Ide, a supporter of the proposal, argued that the discussion should prioritize the wishes of individuals who want to retain their original surnames.

The working group now plans to meet at least once a week going forwards.

Discussions will continue within LDP headquarters in Tokyo
Discussions will continue within LDP headquarters in Tokyo

After the meeting, Aizawa told reporters that while there are no clear instructions from the party leadership on the timeline or content of the submission, the public’s interest and the political landscape in the Diet necessitate urgent discussions.

Prime Minister Ishiba Shigeru, also the LDP party president, addressed the issue during a plenary session of the House of Councillors on the same day.

The issue was discussed by the Prime Minister a session of the Diets upper house
The issue was discussed by the Prime Minister a session of the Diets upper house

He acknowledged that the decision on the separate surname system cannot be indefinitely postponed, which means that confirmation of a change or the status quo should be achieved in the near future.

Source: Mainichi

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