Two married couples earlier this month filed lawsuits against the state, saying the system requiring a couple to adopt the same surname when they register their marriage is causing them inconvenience and distress. While the prevalent practice for most couples is to adopt the husband's surname upon marriage, the plaintiffs include a couple who chose to use the wife's surname when they married — an indication that the system can present problems for both men and women. The government and lawmakers should recognize the difficulties this is causing people and hold serious discussions to consider changes to relevant laws.
In 2015, the Supreme Court upheld the constitutionality of a Civil Code provision that requires the same surname for wife and husband, saying the practice has rational grounds since the family is a natural and basic unit of society. But the top court also said the issue of whether married couples should be allowed to use different surnames if they so wish should be discussed by the Diet.
The male plaintiff who adopted his wife's surname upon marriage is the president of a software development firm listed on the first section of the Tokyo Stock Exchange. Now in his 40s, the man married in 2001 and continued to use his original surname in his business activities and established his reputation as an entrepreneur under that name. He says he encounters troubles on some occasions when he has to use his legal surname, such as when obtaining a passport, signing official documents or attending a shareholders meeting.