People with the same surname can get married. The law does not prohibit marriage with the same surname, as long as both parties meet the legal conditions for marriage. Marriage with the same surname was not allowed in ancient times because there was less population mobility and there was a possibility of consanguineous marriage among people with the same surname. But in modern times, with high population mobility, even if both parties have the same surname, the probability of being close relatives is very small, usually without any impact, and marriage is completely possible.
1、 Why was it not allowed to get married with the same surname in ancient times
The earliest implementation of the principle of not marrying with the same surname in ancient China was in the early Western Zhou Dynasty. At that time, the implementation of the principle of not marrying with the same surname was mainly based on two points: firstly, "if men and women have the same surname, their offspring will not be indigenous", which is not conducive to the healthy growth of children, indicating that there was already a relatively scientific understanding of eugenics at that time; The second one is "marrying someone with a different surname, so attaching oneself to distant and thick families", reflecting the strengthening of connections with aristocrats with different surnames through marriage, consolidating power, and maintaining familial relationships within the clan, with clear political intentions.
2、 Essential Conditions for Modern Marriage
1. Both men and women are completely voluntary
Article 1046 of the Civil Code stipulates: "Marriage must be fully voluntary by both men and women, and neither party shall force the other party or interfere with any third party
2. Must reach legal age
Article 1047 of the Civil Code stipulates: "The age of marriage shall not be earlier than 22 years for men and 20 years for women
3. Compliant with monogamy
Article 1041 of the Civil Code stipulates: "The marriage system shall be based on freedom of marriage, monogamy, and gender equality
3、 Prohibited conditions for marriage
1. Prohibition of consanguineous marriage
Article 1048, Paragraph 1 of the Civil Code of China stipulates: "Marriage is prohibited for direct blood relatives and collateral blood relatives within three generations
2. Prohibit people with certain illnesses from getting married
Article 1048, Paragraph 2 of the Civil Code stipulates: "People who suffer from diseases that are medically considered unfit for marriage are prohibited from getting married
Patients with diseases that are medically considered unsuitable for marriage mainly include the following:
(1) Patients with schizophrenia and manic depressive disorder who are currently experiencing symptoms;
(2) Untreated patients with sexually transmitted diseases;
(3) Severe intellectual disability, also known as dementia patients;
(4) A legally recognized infectious disease that is currently in the period of onset.