Separate surnames bill readied

Sunday, Dec. 27, 2009
Kyodo News

Legislation would allow married couples to keep family names

Justice Minister Keiko Chiba has decided to submit a bill to an ordinary Diet session to be convened in January to revise the Civil Code so that married couples can choose whether to have the same family name or keep their own surnames, sources said Saturday.

The envisioned bill is also likely to amend the current provision under the Civil Code that prohibits women from remarrying within six months of a divorce, the sources said.

Chiba has already conveyed her intention to the prime minister's office and begun discussions with other relevant Cabinet members, they said.

The government and the ruling parties are expected to start coordinating on the issue from the beginning of next year.

According to the sources, Chiba hopes to get Cabinet approval for the amendment around March, following consent from the Justice Ministry.

Under the planned amendment, the family name of any children of married couples who opt to have separate surnames will likely be unified with that of either of the parents, the sources said.

As for the provision barring women from remarrying after a divorce, the bill is expected to lower the period to around 100 days instead of the current six months, they added.

The Civil Code adopted the provision prohibiting women from remarrying within six months of a divorce to avoid possible confusion in determining the father of the child if the woman became pregnant during such a period.

However, the regulation has been criticized as outdated and discriminatory as men are free to remarry anytime after a divorce.

The planned revision is also likely to scrap another discriminatory provision in which a child born out of wedlock is entitled to receive only half the inheritance that a child born in wedlock can, the sources said.

In 1996, the Legislative Council, an advisory panel to the justice minister, recommended that the government introduce a system allowing married couples to choose separate surnames.

Although the Justice Ministry once compiled a bill to revise the Civil Code, it abandoned the idea of submitting it to the Diet due to opposition from the then ruling Liberal Democratic Party.

The ruling Democratic Party of Japan, to which Chiba belongs, repeatedly submitted to the Diet when it was in opposition an amendment bill to allow for separate surnames for married couples, but it was scrapped each time.

South Korea grillings

Justice Minister Keiko Chiba said Friday she will visit South Korea next month to inspect its system of recording the interrogation process of crime suspects.

South Korea introduced visual and audio recordings of the interrogation of suspects in January last year.

During her visit from Jan. 6 to 8, Chiba will exchange views with South Korea judicial authorities at the Supreme Court and the Ministry of Justice.