One-Surname Policy Leaves Japanese Couple in Legal Limbo

A Legal Limbo in Japan's One-Surname Policy

Kazuhiro Soda and Kiyoko Kashiwagi, a married couple in Japan, find themselves in a frustrating legal limbo after the Tokyo Family Court dismissed their challenge to the country's one-surname policy. While the court acknowledged the validity of their marriage, registered in the United States under two surnames, it upheld the Chiyoda Ward office's refusal to register their marriage due to their chosen dual surnames.

Soda and Kashiwagi, married in the US in 1997, have faced repeated rejections from the Chiyoda Ward office in their attempts to register their marriage under their individual surnames. Japanese law mandates that married couples choose either the husband's or wife's surname for official registration. The couple's decision to check both boxes on the registration form led to the ward's denial.

The family court rejected the ward's argument that the couple's marriage was invalid due to their dual surnames, stating that choosing a family name is not a requirement for marriage. However, the court dismissed the couple's appeal for official recognition of their marriage, citing the Civil Law's requirement for a single surname on the marriage notification.

Soda and Kashiwagi, determined to fight for their right to choose their own surnames, plan to appeal the decision to a higher court. They question the lack of legal options for registering their marriage despite its validity, highlighting the need for the system to adapt to changing lifestyles and views on marriage.

This case underscores the complexities and challenges faced by couples who choose to deviate from traditional norms in Japan. It also raises questions about the need for legal reforms to accommodate diverse family structures and individual choices.