South Korea moves to allow parents to choose child's surname at birth

South Korea's Ministry of Gender Equality and Family has announced a significant shift in family law, proposing that parents be able to choose their child's surname at the time of birth registration. This move aims to dismantle the long-standing paternal-first system, which has historically dictated that children automatically adopt their father's surname.

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The current Civil Act stipulates that a child follows the father's surname and lineage as a principle, and if they want to follow the mother's surname, they must go through a separate procedure.

Under the current Civil Act, a child is presumed to take the father's surname. If parents wish for the child to bear the mother's surname, they must navigate a complex legal process. This typically involves making the selection on the marriage registration form, a step many couples overlook before considering their child's name. Post-birth, a court ruling is required for a child to adopt the mother's surname, a cumbersome procedure that disproportionately affects mothers.

The proposed reform, part of the 5th Basic Plan for Healthy Families (2026-2030), is being hailed as a welcome development. It acknowledges that the traditional concept of 'paternal lineage' is not scientifically supported. Biologically, neither parent transfers blood to a child; instead, genetic material is passed through chromosomes. Furthermore, genetic contribution analysis shows that children inherit a larger proportion of genes from their mothers than their fathers, challenging the basis of the patrilineal system.

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If the goal is for children to follow the parents' surnames, it is more rational to allow selection at birth registration rather than at marriage registration.

Critics of the change have voiced concerns about potential marital discord and the erosion of family structures. However, proponents argue these fears echo past opposition to reforms like the abolition of the 'hoju' system, which were similarly met with dire predictions that proved unfounded. They advocate for accelerating progress towards a more inclusive society that embraces evolving family forms within a legal framework.

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Let's move beyond outdated fears. Rather, now is the time to hasten our steps toward a mature society that embraces changing family forms within legal boundaries.