The World's Only Law Following the Husband's Surname... Japanese Couples Deliberately Avoid Marriage

Basic Local Governments Adopt Opinion Letters on 'Selective Separate Taxation for Couples'
Japan is the Only Country with Legal Obligation... UN Also Recommends Withdrawal

In Japan, where couples are required to unify under one surname after marriage, a nationwide movement advocating for the use of separate surnames even after marriage is spreading. As local governments continue to adopt related opinion statements, there is growing interest in whether this could bring change to Japan's traditionally conservative atmosphere.

Recently, Nihon Keizai Shimbun (Nikkei) highlighted the increasing number of local assemblies demanding discussions and implementation of 'selective separate surnames for married couples (夫婦別姓, f?fu-bessei),' which would eliminate the need for one spouse to unilaterally adopt the other's surname after marriage. More than 300 related opinion statements have been adopted at both the prefectural (tod?fuken) and municipal (shikuch?son) levels. According to Article 99 of Japan’s Local Autonomy Law, opinion statements adopted by local assemblies must be submitted to the National Diet or relevant ministries under the name of the assembly chairperson, raising the likelihood that this issue will soon be intensively discussed in the Diet.

Illustration related to selective spousal surname. The husband retains the surname 'Tanaka', and the wife retains the surname 'Yamamoto'. (Photo by Irastora)

Last month in Okayama City, a civic group meeting was held where about ten men and women gathered to share their experiences, including women who felt a loss of identity after changing their surname to their husband's and men who were struggling with pressure to adopt their spouse’s surname. One participant, who maintains a de facto marriage to avoid adopting a single surname, told Nikkei, "Our children each have their own surnames, designated as either their mother’s or father’s, but my daughter says her own surname and given name are cool and does not want to change her surname after marriage."

The practice of adopting one spouse’s surname after marriage is common not only in Japan but also in many countries worldwide; however, Japan is the only country that legally mandates it. Without sharing the same surname, a marriage is not legally recognized, leading some couples to maintain de facto relationships. Typically, women take their husband’s surname. Since it is not possible to use a former surname for social insurance, health insurance, pensions, bank accounts, or salary transfers, married individuals must undergo the inconvenient process of changing their registered name.

Researchers who write academic papers have pointed out that changing surnames makes it difficult to verify previous publications or achievements, identifying this system as a cause of career discontinuity. The civic group Selective Separate Surnames National Action stated, "There are cases where the surname on a paper written at an overseas academic conference differs from the surname on the passport, causing doubts about whether they are the same person," and added, "In countries where using two surnames is uncommon, there are risks even during immigration inspections."

Japan has received recommendations from the United Nations (UN) Committee on the Elimination of Discrimination against Women three times to amend the Civil Code, but discussions in the Diet remain stalled. Although a Civil Code amendment bill introducing selective separate surnames was prepared in 1996 to align with women’s social advancement, it was left untouched due to a lack of consensus within the ruling Liberal Democratic Party (LDP).

However, voices calling for the abolition of this system appear to be growing across various sectors of Japanese society. In June, the Japan Business Federation (Keidanren) pointed out, "While there is a growing trend to use former surnames for work after marriage, there are limitations such as being unable to enter into contracts or open bank accounts," and criticized that "the inconveniences and disadvantages experienced in daily and professional life due to surname changes disproportionately affect women." Public opinion surveys by media outlets also show overwhelming support for using separate surnames. In a July Nikkei poll, 69% supported separate surnames, far exceeding the 23% who opposed it.