@article{oai:sakuranoseibo.repo.nii.ac.jp:00000207, author = {元井, 貴子 and モトイ, タカコ and Motoi, Takako}, issue = {46}, journal = {桜の聖母短期大学紀要, BULLETIN OF SAKURA NO SEIBO JUNIOR COLLEGE}, month = {Mar}, note = {pdf, Article 750 of the Civil Code stipulates that, in principle, the husband and the wife in each marriage must have the same surname, while Article 74 (1) of the Family Register Act requires that each marrying couple submit a marriage notification specifying a surname that the husband and the wife will take. Pursuant to these statutes, if a marrying couple submits their marriage notification without choosing a single surname that they will share, the notification will not be accepted by the government, whereby they are essentially prevented from getting married. This practice of same-surname marriage in Japan originally started based on the ie( family lineage) system under the previous Civil Code, which reflected the cultural tradition that each marrying female had to adopt her husband’s surname because she would relinquish her lineage to enter into his. Under the current law, a marrying couple has the option to either adopt the husband’s or the wife’s surname, so it is not technically forcing marrying females to change their surnames, although 96% of all marrying couples today still adopt the husbands’ surnames. The figure suggests that the custom of family lineage is still deeply rooted in the society, as the pressure for the wives to adopt the husbands’ surnames still remains intense. Despite the situation, no effective actions have been taken to improve it, while the UN Committee on the Elimination of Discrimination Against Women has formally expressed its concerns with the Japanese government on several occasions to address this issue. Due to the recent Supreme Court ruling on a high-profile separate -surname-marriage case, the social discourse on married couples’ surnames has become increasingly active. However, as the arguments being made are complex and diverse, it is difficult to keep track of them all. To address such challenge, this paper attempts to classify the aforementioned discourse into several categories. Furthermore, it will reflect on the current circumstances surrounding relevant judicial decisions and domestic politics, and explore ways to optimally settle the issue of married couples’ surnames.}, pages = {55--69}, title = {選択的夫婦別氏制の導入をめぐる現状と課題 : 夫婦の氏のありかたと改善への糸口を探って}, year = {2022} }