In a historic step for gender equality, South Africa’s Constitutional Court has ruled that men can now legally adopt their wives’ surnames, overturning provisions in the country’s naming laws that were found to be discriminatory. The judgment, delivered on Thursday, 11 September 2025, declared that sections of the Births and Deaths Registration Act of 1992 and its regulations violated the Constitution by denying men a right afforded to women. Until now, women could automatically change their surnames upon marriage, but husbands were not granted the same legal option.
The ruling arose from two separate cases brought by South African couples who challenged the law. In one case, Henry van der Merwe and his wife, Jana Jordaan, agreed before their 2021 marriage that Henry would take Jana’s surname. When they tried to register this choice, the Department of Home Affairs rejected the request, and even their daughter could not carry the intended surname. In another case, Andreas Nicolas Bornman and his wife, Jess Donnelly-Bornman, attempted in 2022 to hyphenate Andreas’s surname to include Jess’s, but they too were blocked. Both couples argued that the existing provisions were archaic, patriarchal, and unconstitutional.
The Free State High Court in Bloemfontein initially sided with the applicants, ruling that Section 26(1)(a)–(c) of the Act and Regulation 18(2)(a) were discriminatory. The Constitutional Court has now confirmed that judgment. Justice Leona Theron, delivering the decision, emphasized that preventing men from taking their wives’ surnames entrenches outdated gender stereotypes and undermines the right to equality guaranteed under Section 9 of the Constitution. The court declared the provisions invalid but suspended the declaration of invalidity for 24 months to give Parliament time to amend the legislation.
Importantly, the court also introduced an interim remedy. For the next two years, while Parliament works on formal amendments, men will be able to apply for surname changes under the same process as women, thanks to gender-neutral language being “read into” the existing law. This means couples can immediately exercise the right, rather than waiting for legislative reform. The Department of Home Affairs was also ordered to cover the legal costs incurred by the applicants.
The decision has been hailed as a victory by gender equality activists, legal experts, and many members of civil society. Advocates argue that the ruling modernizes South Africa’s legal framework, acknowledges diverse family choices, and dismantles one of the many remnants of patriarchal and colonial law. Supporters highlight that the ability for men to adopt their wives’ surnames can preserve family names, honor maternal heritage, and reflect modern partnerships based on equality rather than hierarchy. For example, families where the wife’s surname is rare or holds significant cultural value can now pass it on without administrative obstacles.
However, not all reactions have been positive. Some critics, particularly from conservative and traditional backgrounds, expressed concern that the judgment undermines cultural norms in which a husband’s surname is viewed as central to marital identity. Others worry that the practical rollout will be fraught with delays, given the Department of Home Affairs’ track record of bureaucratic inefficiency. Questions remain about how quickly Parliament can amend the law, how existing administrative systems will adapt, and whether identity documents, marriage certificates, and national registers will be updated seamlessly to reflect the change.
Despite such concerns, the broader consensus is that the ruling is a watershed moment for gender equality in South Africa. It reflects the Constitutional Court’s ongoing role in reshaping the country’s laws to align with democratic values and human rights. More than a matter of paperwork, the judgment speaks to dignity, autonomy, and identity. Surnames are not just legal markers but also cultural symbols, and giving men equal choice to adopt or share their wives’ surnames recognizes the evolving nature of marriage and family in modern society.
Over the next two years, Parliament will be tasked with amending the Births and Deaths Registration Act to incorporate gender-neutral provisions permanently. In the meantime, South Africans can expect to see a growing number of men choosing to formalize their marriages by taking their wives’ names, a gesture that challenges tradition but affirms equality.
