Japan considers legalising use of maiden names for married women

The Japanese government is considering legalising the sole use of maiden names after marriage amid years-long demand for change in law to introduce a dual surname system.

People in Japan have long demanded that the government allow married couples to keep dual surnames, arguing that a lack of freedom prevents women's advancement in the workforce.

Justice minister Takashi Yamashita said the details of the legislation were "still under consideration", but he will "carefully explain its intentions and the design of the system when a bill is submitted to parliament", according to The Japan Times.

"Even among those who do not choose separate surnames, there is a natural desire to continue using their long-familiar maiden names in social life," Mr Yamashita said.

"The issue of a selective dual surname system and that of establishing a legal basis for the use of maiden names are separate issues," he clarified on calls for introduction of a selective dual surname system for married couples.

The minister said he wanted to provide a legal basis for the use of maiden names, "rather than treating them merely as aliases, and clarify as much as possible the circumstances in which they may be used".

The Japanese government decided to forgo submitting the legislation in parliament this session to legally recognise the use of birth surnames after marriage, Japan Today reported.

The bill has triggered fear that wider use of birth surnames could undermine efforts to introduce an optional separate surname system, which has been backed by opposition parties, business groups and lawmakers within the ruling Liberal Democratic Party.

Conservative prime minister Sanae Takaichi was reportedly cautious about allowing separate surnames.

The first female leader of Japan told the Senate this month that the bill to broaden the use of birth surnames would "help reduce the number of people who face disadvantages in their daily lives".

Public support for a dual-surname option has grown, with surveys showing a majority now supports the option for married couples to keep separate surnames. Some couples have also brought lawsuits saying the current law violates the constitutional guarantee of gender equality since women almost always sacrifice their surnames.

Under the 1898 civil code, a couple must adopt "the surname of the husband or wife" at the time of marriage – which experts say is the only such legislation in the world.

Although the law does not specify which name, 95 per cent of women adopt their husbands' surnames, as paternalistic family values persist and women are generally seen as marrying into their husband's household.

A 1996 government panel recommendation that would allow couples the option to keep separate surnames has been shelved for nearly three decades.

In 2015 and 2021, the Supreme Court found that the one-surname-only policy wasn't unconstitutional but urged parliament to discuss the issue. But deliberations have stalled due to opposition from the governing party conservatives.

As more women pursue careers, a growing number want to keep using their maiden names at work, while using their registered surnames in legal documents. Some companies and government offices now allow female employees to use their maiden names at work, but they are a minority and the measure is voluntary.

Because of outdated social and legal systems surrounding family issues, younger Japanese people are increasingly reluctant to get married and have children, contributing to a low birthrate and shrinking population.