Japanese couples file lawsuit to pursue separate surnames in rare break from tradition

Six couples in Japan have taken legal action against the government, aiming to secure the right to maintain separate surnames after marriage.

Timed to coincide with International Women's Day, the lawsuit challenges laws established since the 19th century, which mandate that married couples must adopt either the husband's or the wife's surname, with approximately 95 per centchoosing the husband's.

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Advocates argue that beyond the bureaucratic challenges of altering names on official documents, this practice hampers the careers of women and impacts various rights related to children, inheritance, and taxation.

One plaintiff, a 50-year-old woman who chose to remain anonymous, shared her experience of living with her partner for 17 years and raising a teenage daughter without formal marriage.

Both partners resisted changing their surnames, but the absence of legal marriage creates potential complications, such as challenges in becoming a legal heir or consenting to medical procedures.

Another couple, Yukio Koike, 66, and Yukari Uchiyama, 56, opted for repeated marriages and divorces for each of their three children to secure joint custody rights while respecting individual identities.

Filed in the Tokyo District Court and Sapporo, the lawsuit seeks a declaration of the government's failure to amend the law as illegal, along with compensation of ¥500,000 ($3,400) per plaintiff.

Lead lawyer Makiko Terahara highlighted the unique trade-off relationship in Japan, where choosing a surname during marriage necessitates giving up the other.

While Japan's Supreme Court has affirmed the constitutionality of the existing law, it has encouraged lawmakers to explore more flexible alternatives in response to growing demands for change.

Advocates for maintaining the current laws argue that a single family name is vital for fostering family ties, and viewefforts to revise these rules as an assault on traditional values. Recent support for introducing the option of separate surnames has emerged, with Masakazu Tokura, head of Japan's influential business lobby Keidanren, expressing support for the change.

The debate reflects a broader societal shift and increasing calls for flexibility in Japan's traditional approach to marital naming conventions.

(With inputs from agencies)