Separate Surnames for Couples: A Challenge to Japan’s Family System?

The issue of separate surnames for married couples (fufu bessei, 夫婦別姓) is a long-standing and controversial topic in Japan's legal and social landscape. Japan's legal framework is designed around the koseki (family registry) system, which records households under a unified surname.

Under Japan's Civil Code, married couples must adopt a single shared surname — either the husband's or the wife's. In practice, about 95% of couples choose the husband's surname. This effectively means that one spouse must give up their birth surname upon marriage.

Japan is the only country among the G7 nations that legally requires a shared surname for married couples. Currently, the Constitutional Democratic Party (CDP) is pushing for an amendment to the Civil Code, advocating for an optional separate surname system.

Those in Favor Argue:

1. Gender Equality: The current system disproportionately affects women, who make up a larger share of those changing their surnames upon marriage.

2. Professional Identity: Many women and men face challenges in maintaining their professional reputation after a name change if they have already established their careers under their maiden name and choose not to keep it as their professional name.

3. International Standards: Japan's policy is out of step with global norms, as many countries allow married couples to maintain separate surnames.

4. Personal and Cultural Identity: A "forced" name change can affect an individual's sense of self and family heritage.

5. Legal Inconveniences: Name changes often require extensive updates to official documents, such as bank accounts, passports, and contracts, creating significant administrative burdens.

Arguments by Those Against

1. Preserving Family Unity: Many believe that sharing a surname strengthens the sense of unity within a family and symbolizes connection.

2. Cultural and Social Norms: Some conservative groups argue that a single family name is a long-standing Japanese tradition that should be maintained.

3. Administrative Complexity: Allowing separate surnames would necessitate extensive legal and bureaucratic overhauls, potentially leading to confusion in inheritance matters, parental authority, and official documentation.

4. Impact on Children: There are concerns about the psychological and social effects on children if their parents have different surnames. Some argue that it may cause confusion or a sense of disunity.

A Call for Choice

Yoshihiko Noda, leader of the CDP, is a vocal proponent of allowing married couples to choose whether to share a surname. "The ability to choose is key," Noda asserted in a recent interview. "If some people feel inconvenienced by having the same surname, it makes sense to allow them to choose."

*Yoshihiko Noda comments the elections results in the early hours of October 28, 2024. (©Kyodo)*

He argues that making the surname decision optional is a step towards a more inclusive society. Noda points to a survey conducted by his party showing that 70% of adults favored optional separate surnames, underscoring the growing support for this reform.

Moreover, he argues that this change would allow families to make their own decisions rather than having the government impose a one-size-fits-all rule. "If you want to stay together, then you should choose to stay together," he says, emphasizing personal choice over state intervention.

On January 6, Komeito Party leader Tetsuo Saito expressed his intention to lead discussions about introducing optional separate surnames for married couples. "From the perspectives of societal diversity and international viewpoints, this is a necessary system. I want this to be a year of progress," he stated.

Family Unity and Children's Well-Being

While Noda and others argue for the reform, there are influential voices on the other side who believe the potential consequences for families and children outweigh the benefits.

One such critic is Sanae Takaichi, a former Minister for Economic Security and a prominent member of the ruling Liberal Democratic Party (LDP). Takaichi warns that even an optional system could create instability, particularly for children. "The biggest reason I am cautious is that it could undermine the stability of a child's surname," she explained in a January interview.

Takaichi argues that if couples are allowed to have different surnames, it could lead to disputes over the child's surname, especially in cases where both parents are only children. These disputes, she suggests, could occur immediately after the birth of a child, creating unnecessary tension in what should be a joyous occasion.

She also raises concerns about the potential complications in family court rulings. In custody disputes, courts already consider various factors, such as financial stability and involvement with the child. However, deciding on a newborn's surname could prove far more contentious. "How can a court decide on a newborn's surname in a way that both parents will accept?" Takaichi asks.

Eliminating Inconveniences

In the most recent government opinion poll published in March 2023, 69.2% of respondents supported maintaining the same surname in the family registry. The largest number of respondents wanted to expand the use of maiden names.

That is why Takaichi advocates for expanding the use of maiden names in official documents. While serving as Minister of Internal Affairs, she promoted initiatives that allowed maiden names to appear on documents like residence certificates, My Number cards, and driver's licenses.

Takaichi emphasized the progress in recognizing maiden names, stating, "Today, 1,142 procedures allow maiden names to be used, making contracts and identity verification easier." She added, "Passports also permit maiden names, and no national qualifications prohibit their use. If all government agencies, local governments, and private organizations follow suit, surname changes upon marriage will no longer be an inconvenience."

Children's Perspectives

Kazuko Ikeya, an Associate Professor of family law at Nagasaki University, also expresses concern over the impact that separate surnames could have on children. In a 2024 survey conducted by The Sankei Shimbun, about 50% of children expressed opposition to family members having different surnames. Iketani believes this reflects the importance of family unity.

Speaking to The Sankei Shimbun, she suggested, "A surname is not just an individual's name. It represents the name of a community. For children, a family should not become just a group of individuals."

Ikeya also warns of the negative impact that family disputes over surnames could have on children. "People who want separate surnames often have a strong attachment to their own name. Deciding which surname to give to a child could cause conflicts between the couple and even between in-laws," she says. These tensions, she argues, could directly affect children, causing them undue emotional strain.

*Nagasaki University Professor Kazuko Ikeya.*

More Not Always Better

In addition, Ikeya highlights the legal complexities surrounding surname changes. For example, if a child initially takes the father's surname but later wishes to adopt the mother's surname, it could lead to disputes between the child and the parents. Once the child reaches adulthood, they might want to change their surname again, raising further complications. Ikeya questions whether such a system would be fair to children, whose feelings may not be easily addressed.

While the idea of offering people more freedom of choice may seem appealing, Ikeya argues that the potential negative consequences for children and families should not be overlooked. "Not all situations can be resolved by offering more choices," she concludes.

Author: Daniel Manning