Six couples in Japan have initiated legal action against the government, with the aim of securing the right to maintain separate surnames following marriage.
This lawsuit, timed to coincide with International Women’s Day, challenges laws dating back to the 19th century, which mandate that married couples must adopt either the husband’s or the wife’s surname. Currently, approximately 95 percent of couples opt for the husband’s surname.
Advocates argue that aside from the bureaucratic hurdles associated with changing names on official documents, this practice adversely affects women’s careers and impacts various rights concerning children, inheritance, and taxation.
One of the plaintiffs, a 50-year-old woman who has chosen to remain anonymous, shared her experience of living with her partner for 17 years and raising a teenage daughter without formal marriage.
Both partners have resisted changing their surnames, but the absence of legal marriage could potentially lead to complications, such as difficulties in becoming a legal heir or providing consent for medical procedures.
Another couple, Yukio Koike, 66, and Yukari Uchiyama, 56, opted for multiple marriages and divorces for each of their three children to ensure joint custody rights while preserving their individual identities.
The lawsuit, filed in both the Tokyo District Court and Sapporo, seeks a declaration that the government’s failure to amend the law is illegal, as well as compensation of ¥500,000 ($3,400) per plaintiff.
Lead lawyer Makiko Terahara underscored the unique nature of the situation in Japan, where selecting a surname during marriage necessitates relinquishing the other.
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