In a landmark decision, South Africa’s Constitutional Court has ruled that men can legally adopt their wife’s surname, overturning a decades-old law that previously prevented them from doing so. The judgment marks a significant step toward gender equality in family naming rights.
The court found that sections of the Births and Deaths Registration Act and related regulations were unconstitutional because they discriminated on the basis of gender. Until now, only women could change their surnames upon marriage, leaving men with no legal pathway to adopt their spouse’s name.
The ruling, delivered by Judge Leona Theron, allows husbands to take their wife’s surname, use a hyphenated combination, or retain their original name—granting couples the freedom to choose the naming arrangement that works best for them.
To allow Parliament time to amend the legislation, the court has suspended the declaration of invalidity for 24 months. In the meantime, men can already apply to change their surname under an interim “reading-in” remedy.
“This decision is a victory for equality and personal choice,” said legal experts, noting that it addresses an outdated law that no longer reflects modern family dynamics.
The Department of Home Affairs has been instructed to cover the legal costs of the applicants, signaling strong support for the court’s progressive stance.
This historic ruling ensures that South Africans now have the legal right to decide their own surnames after marriage, breaking long-standing barriers and promoting fairness for all.
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