The Name's the Same
As you may or may not know, in Japan married couples must share the same family name. Everyone must register with the local govenment, according to the family register law in the Japanese Civil Code. Article 750 of the Civil Code states "a husband and a wife shall adopt the surname of the husband or wife in accordance with that which is decided at the time of marriage." This provision applies only to Japanese couples. Foreigners married in Japan are able to keep their own family names. According to govenment data, 96 percent of married couples choose to use the husband's name. I have one student who chose to use his wife's name. His wife has no brothers, so in order to keep her family name going, they chose her name.
In 2018, three couples filed to keep their separate family names after local governments refused to accept their marriage registrations. Last week, the Japanese Supreme Court again ruled that the legal provisions forcing married couples to use the same surname are constitutional, upholding the previous Supreme Court decision from 2015. This decision was handed down by Presiding Justice Naoto Otani.
The 2015 Supreme Court ruling said the practice of using the same surname was "well-established in society" and there is no gender inequality in the system. At that time, five of the fifteen justices disagreed, citing the disadvantages involved in name changing. The 2015 ruling also stated the same surname issue should be taken up in parliament, rather than seeking a judicial ruling.
Many companies in Japan now allow female employees to use their own family names at work. A Kyodo News survey conducted in March and April of this year showed that 60 percent of respondents thought married couples should be able to have different surnames, while 38 percent were against different names for married couples.
What do you think? Should married couples be forced to choose the same name? What is the rule or law where you live?
6 comments:
When I was married 42 years ago, the bride took the husband’s surname and de facto relationships were rare. These days the trend is for the woman to keep her own surname when she marries and de facto relationships are normal. As long as the couples are happy is all that matters.
Back when I got married a few women kept their family name, but not many, now it is more common and a choice, not governed by law as far as I know.
There are no laws in UK about which name to use nor here in France. When I first married 48 years ago I changed my name to my husbands but after our divorce I reverted to my maiden name. When I married Philip I decided it was much easier to remain with my maiden name.
In Sweden it became very popular in the 70's to have a double name (one's maiden name + husband's name).
More recently it has become trendy to change the surname entirely, really 'to take a name'.
Quite a number of people make up a name by themselves, and if no one else has it, or refuse to share it, it can become theirs very own unique name.
When I was at college, a fellow student from Egypt told me they don't change names when they marry but keep the name they were born with . When a child is born, boys get father's surname, and girls that of their mother.
Polish names have male and female endings: Do you know the movie Fantastic Beasts and Where to Find Them? Then you know Jacob Kowalski, and his friendship with Queenie Goldstein. IF they were to marry and she took his name, it would be changed to Kowalska. (Unless I have misunderstood this practice.)
I think you should be able to change your name if you wanted to, and definitely that married couple can keep their own names. The question is what the kids should be called... I quite like the Egyptian custom.
In Germany, you can either both keep your names, pick either the husband's or wife's name for both, or hyphanate. In any case, though, you need to decide on one of the name as 'family name', and all children that might be born of the marriage will get that name. Felix took my name when we got married, but it's still more common for the wife to take the husband's name, or for both partners to keep their name. I kind of like the idea of a shared family name, but also like to have the choice of which name it should be!
In Quebec, you can choose to keep or change. However, all your government papers are in your maiden name, like social security, medical health card...
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