Japan requires married couples to adopt a single surname under provisions of the Civil Code enacted in 1898. The government is now considering a “Selective Surname System” that would allow couples to choose whether to use the same surname or maintain separate names.
Under Japan’s Civil Code introduced in 1898, married couples are legally required to adopt a single family name. The rule has remained in place for approximately 125 years and mandates that couples register one shared surname at the time of marriage.
Although the law does not explicitly state that the wife must change her name, in Japanese society approximately 95 percent of women adopt their husband’s surname after marriage. This practice has led to complications for women in areas such as professional careers, academic degrees, passports and other official documentation.
In recent years, the requirement has faced increasing opposition in Japan, leading to widespread protests and multiple legal challenges.
In response to growing criticism and demands from women’s groups, the Japanese government has indicated that it may amend the law. Authorities are considering a “Selective Surname System” that would allow couples to decide whether to use the same surname or retain their existing names after marriage.
Under the proposal, a single legal family name may still be used in official registration, while women could continue using their maiden names in personal and professional documents.
The current rule is regarded as part of Japan’s “Kunsei” system. Under this system, different surnames cannot be recorded at the time of marriage registration. Couples who wish to keep separate surnames cannot have their marriage legally recognized.
Japan is the only developed country where such a strict requirement remains in force. The rule has contributed to the continuation of traditional family naming practices in Japanese society for an extended period.
A Japanese professor has warned that repeated adoption of common surnames could lead to the gradual disappearance of smaller or less common family names.
According to projections cited by the professor, if the law remains unchanged, by the year 2531 most citizens in Japan could share a common surname such as “Sato.” This trend could reduce diversity in family names and affect social identity across the country.
Japan’s Supreme Court has heard several cases challenging the surname requirement. While the court has not abolished the law, it has advised the government to consider creating new legislation.
As a result, the government has proposed a compromise approach. Married couples would continue to use a single surname in official government records, while women could continue using their pre-marriage names in documents such as workplace records, banking documents and passports.
Large corporations and civil society groups in Japan have also urged the government to change the law. They argue that the current rule conflicts with human rights and violates the right to personal identity.
Supporters of the Selective Surname System say the change would allow women to maintain their identity and continue their careers without disruption after marriage.
