Offsprings Can Adopt Mother’s Surname

The revised Civil Code containing provisions of abolishment of the family registration system and a new definition of “family” was passed by the cabinet council October 28 and will be submitted to the National Assembly next week.

With President Roh Moo-hyun presiding, the cabinet council passed the revised Civil Code on Tuesday; the abolition of the family registration system was an election pledge by the participatory administration. Also, female public interest groups have been insisting abrogation of the law for about 40 years to establish a new concept of family, which will be adequate in this era of gender equality.

If the National Assembly passes this revised bill, it is expected that for the first time in 90 years, the basic social unit, the family system, will experience revolutionary changes including adopting a new surname and a family origin, as well as eradication of the family registry system.

Meanwhile, taking into account of the common people’s law interpretation and the family breakdown, Article 779 of the Civil Code on provision of “range of family,” which was deleted along with the concept of head of household, has a new definition of family as “consisting of a married couple and immediate blood-related kin supported by the couple.”

The director of the Korean Overseas Information Service, Jo Young-dong, explained in a briefing on Tuesday, “Last week the ministers related to the law revision agreed on a new definition of family range at a ministerial level meeting, and the revision bill did not incur any further discussion in the Cabinet council today.”

The revised bill weeds out all the provisions related to the family registration system and principally prescribes for offspring to adopt their father’s surnames and family origins, but children can exceptionally follow their mother’s surnames in case a couple agrees to descend their offspring to a mother’s surname in which they need inform their decision when they register for marriage.

When a couple wants to change their offspring’s surname and family origin for the child’s welfare, they may change it with the permission from the court after taking a request process by the couple or the child.

If the national assembly passes the bill, the law will be carried into effect in two years and during the suspension period, the government will introduce a new identity enrollment system by reshuffling relevant laws such as the Census Registration Law.

Sung-Hee Jung shchung@donga.com