"Not Dad's Surname but Mom's" What Do You Think About Abolishing 'Paternal Primacy'?

Parents Consult and Choose Child's Gender
Civic Expectations and Concerns Spark Debate

[Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] "Isn't it still premature?", "Discrimination must be eliminated."

The government is pushing to abolish the 'patrilineal priority' system, which prioritizes the father's surname. According to current law, when registering a marriage, the couple can agree to take the mother's surname and clan name. However, outside the marriage registration period, the child's surname must follow the father's unconditionally.

The government views this principle as discriminatory against single-parent families and remarried families, and plans to amend the law so that parents can mutually decide which surname to give their child when registering the child's birth.

The Ministry of Gender Equality and Family announced on the 24th that it has prepared the '4th Basic Plan for Healthy Families,' which includes abolishing the 'patrilineal priority' and revising the family definition provisions in family-related laws centered on legal marriage and blood relations. After a public hearing on the 26th, the plan will be finalized and announced in March.

However, opinions among citizens are divided regarding this amendment. Some believe that even if the couple agrees on the child's surname, it will not be easy to reach consensus because the opinions of the elders from both families cannot be ignored. Others worry that disagreements may arise even between the couple.

Mr. Kim, a company employee in his 40s, said, "There will probably be many discussions between the couple about whether to follow the father's surname," adding, "Just because the law changes doesn't mean people's thoughts will suddenly change." He continued, "This law might be an opportunity for couples to learn about each other's previously unknown thoughts."

There are also opinions that disputes may arise over the amendment. Ms. Choi, a worker in her 20s, said, "Although I am not thinking about marriage yet, I have thought that there could be conflicts with my spouse over whether to take the father's surname," expressing concern that "if their opinions do not match, it could become a serious problem."

Some believe that even if the couple decides to take the wife's surname instead of the husband's, it would be practically difficult if the husband's family elders oppose it. Mr. Lee, a worker in his 30s, said, "Even if the couple agrees, it would be difficult if the family elders oppose it," adding, "For that reason, I think it might still be premature."

Amid divided public opinion, a couple previously filed a constitutional complaint on the 2nd, arguing that the Civil Code's 'patrilineal priority' principle, which prioritizes the father's surname for the child, infringes on basic rights, self-determination rights, and personality rights.

On the 18th, activists Lee Seol-ah and Jang Dong-hyun held a press conference in front of the Constitutional Court in Jongno-gu, Seoul, stating, "It is time to put an end to the outdated family system," and "We are filing a constitutional complaint against patrilineal priority to create at least some cracks in the 'normal family frame' that has tormented many minorities."

They argued, "Why must the child's surname be decided at the time of marriage registration, and why must one resort to litigation to change it? Why is the child's surname not allowed to be chosen by the couple, and why is there a separate check only when taking the mother's surname?" They claimed that these issues violate constitutional provisions that state marriage and family life are based on individual dignity and gender equality.

Meanwhile, the 'Legislative Improvement Committee for Inclusive Family Culture' under the Ministry of Justice recommended abolishing patrilineal priority in May last year. A Civil Code amendment with the same intent was also proposed in the National Assembly last year.

This content was produced with the assistance of AI translation services.