In a landmark ruling, South Africa’s Constitutional Court has declared that husbands are now legally allowed to adopt their wife’s surname — a choice previously denied under the Births and Deaths Registration Act. The judgment marks a major step toward gender equality and challenges long-standing patriarchal norms in the country.
Breaking an outdated law
The case was brought forward by two couples, Henry van der Merwe and Jana Jordaan, and Andreas Nicolas Bornman and Jess Donnelly. Both men were denied the right to either take their wife’s surname or hyphenate it. They argued that the existing law was discriminatory and unconstitutional.
The Constitutional Court agreed, stating that preventing men from taking their wife’s surname amounted to gender-based discrimination. The court highlighted that women already had the option to adopt their husband’s name, but men did not have the same right.
Equality wins
The ruling means Parliament must now amend the Births and Deaths Registration Act and its regulations to reflect the new legal position. Legal experts, including the Free State Society of Advocates, supported the challenge, pointing out that the previous law reinforced harmful gender stereotypes by restricting men’s choices.
Government’s stance
Interestingly, neither the Minister of Home Affairs nor the Minister of Justice opposed the couples’ application, showing little resistance to this progressive shift.
Why this matters
This decision is not just about surnames — it is a victory for equality, freedom of choice, and the breaking down of outdated traditions. By removing this restriction, South Africa has taken another step toward creating a society where men and women enjoy the same rights under the law.
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