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Japan Considers Legalizing Maiden Names for Married Women

Japan Considers Legalizing Maiden Names for Married Women

By Fatma Younis

The Japanese government is considering legislation that would provide a legal basis for married women to continue using their maiden names, a move driven by years of public demand for a dual-surname system. Justice Minister Takashi Yamashita said the details remain under consideration but pledged to explain the system's design when a bill is submitted to parliament.

Justice Minister Outlines Legislation Details

Yamashita clarified that establishing a legal basis for maiden name use is separate from introducing a selective dual-surname system. He said the government wants to clarify the circumstances in which maiden names may be used, rather than treating them merely as aliases. The government decided not to submit the legislation during the current parliamentary session, according to Japan Today.

Prime Minister Expresses Caution

Prime Minister Sanae Takaichi, Japan's first female leader, told the Senate this month that broadening the use of birth surnames would help reduce disadvantages in daily life. However, she has reportedly been cautious about allowing separate surnames, and conservative opposition within the ruling Liberal Democratic Party has stalled deliberations for decades.

Public Support Grows for Dual Surnames

Surveys show a majority of the public now supports the option for married couples to keep separate surnames. Some couples have filed lawsuits arguing the current law violates the constitutional guarantee of gender equality, as 95 percent of women adopt their husbands' surnames under the 1898 civil code.

Legal Challenges and Constitutional Issues

The Supreme Court ruled in 2015 and 2021 that the one-surname policy is not unconstitutional but urged parliament to discuss the issue. A 1996 government panel recommendation to allow separate surnames has been shelved for nearly three decades.

Impact on Marriage and Birth Rates

Experts say outdated family laws contribute to younger Japanese people's reluctance to marry and have children, exacerbating a low birthrate and shrinking population. While some companies and government offices voluntarily allow female employees to use maiden names at work, the practice remains a minority.

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