Photo/Illutration A couple in a same-sex relationship in which one of them was allowed by a court to change his surname to that of his partner (Toshinari Takahashi)

NAGOYA—A court here allowed a man to change his surname to the family name of his same-sex partner in the family register, ruling their relationship is “equivalent to marriage” based on actual living conditions.

The Nagoya Family Court’s ruling was unusual in a country that has not legalized gay marriage, the plaintiff’s lawyers said on May 9.

According to the lawyers, the plaintiff, Shoichi Takami (pseudonym), who lives in Aichi Prefecture, and his partner, Toshimasa Ono (pseudonym), both in their 30s, notarized a contract regarding the handling of their property in a manner similar to a legal marriage in 2017.

Takami and Ono have been living together and raising a foster child since 2023.

Married couples in Japan are granted certain benefits, such as hospital visitation rights and matters concerning shared real estate, including renovations.

Copies of family registers can be used a proof of the relationship.

Since same-sex marriage is not legally recognized in Japan, Takami and Ono had different surnames listed.

They were asked to confirm their relationship on many occasions, and they often had no choice but to disclose their sexual orientation to strangers, the lawyers said.

To solve the problem, Takami filed a petition for a family court hearing.

The current Family Registration Law does not recognize same-sex marriages, but it states that a person may change his or her surname after obtaining permission from a family court if there are unavoidable circumstances to do so.

The Nagoya Family Court in March this year ruled in the case that it is “socially acceptable to provide same-sex couples with the same level of legal protections as opposite-sex couples to a certain extent,” according to the lawyers.

The court deemed the actual living conditions of Takami and Ono were “equivalent to marriage” and recognized they have been experiencing difficulties in their social life.

The court granted the surname change on grounds that their situation falls under “unavoidable circumstances” in the Family Registration Law.

“Achieving marriage equality is still necessary, but we hope that this decision will expand the option of eliminating the disadvantage of having to use different surnames among same-sex couples,” one of the lawyers said.

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