The existing regulation states that a child should assume the father's surname, unless it has been agreed that the child would take the mother's surname if she does not have any brothers. The rule was derived from patriarchal thinking and a lineage mindset, the Awakening Foundation, a women's rights group, said in a press conference May 7. Now that it was finally amended, a child would not be forced to adopt the father's surname anymore, the foundation stated.
Representatives of the Taipei-based foundation, however, pointed out flaws in the new rule at the conference, saying these needed to be addressed in order to respect the people's right to identify themselves as they see fit.
Although the new rule stated that children could adopt the surname of either parent or switch their surnames with written consent by both parents, the press release stated, it left out how to address the possibility that parents might fail to reach agreement.
Yu Mei-nu, a lawyer and foundation board member, said at the press conference a probable outcome for that situation was that local household registration offices would follow custom and give the father's surname to a child. Disputes between the legislative and executive branches during negotiations led to the omission, she claimed. Yu added that mothers who did not agree would then have to take their cases to the courts, which would become an unfair burden on mothers.
According to the new rule, even after becoming an adult, a person would still need to receive written consent from both parents to change surnames. The foundation's Vice Chairperson Chang Chu-fang, also a lawyer, said in the report the good news was that people could now change their surnames, while they were not allowed to do so in the past.
The problem was that people who wanted to change their surnames were typically children of single mothers or individuals who had been abused by their fathers, the foundation stated, and changing a surname would be impossible if an abusive father refused.
Chang pointed out that a 2003 regulation concerning this issue allowed minors with single parents to make a surname change through household registration offices, while, under the new rule, people needed to file an appeal in court. Under this process, it could take up to five years before a surname change could be made, the foundation claimed.
A commentary in the May 5 China Times disagreed with amending the original rule altogether, saying this would make it difficult to trace bloodlines and would cause more family disputes, such as cases regarding inheritances. The foundation, in contrast, urged a second amendment to address the possibility of parents disagreeing over a change in surnames and for adults to be able to change surnames without parental permission.
Another amendment in the family section of Civil Code stipulates that registration is necessary for a marriage to become valid. Under the current rule, a public wedding ceremony with more than two witnesses present is sufficient for a marriage to become official.
Legal experts said this change would reduce problems caused by false or bigamous marriages and would help protect women from such practices. This amendment was a significant change to customs in Taiwan's society. To reduce the impact, a provision was added, making the new rule effective one year after it was promulgated, the Liberty Times reported May 5.
Write to June Tsai at june@mail.gio.gov.tw