In a landmark ruling advancing gender equality, South Africa’s Constitutional Court has declared that men may legally adopt their wives’ surnames after marriage, striking down sections of the Births and Deaths Registration Act as unconstitutional.
The court found that the previous law, which required men to apply for surname changes through the Department of Home Affairs – a process not required for women – was discriminatory and served no legitimate government purpose.
The ruling suspends the legal ban and directs Parliament to amend the legislation accordingly.
While the law directly restricted men, the court emphasized that the deeper harm was to women, stating the policy “reinforces patriarchal gender norms” and limits how women express their identity, making it relational to their husbands by default.
The case was brought forward by two couples: one sought to honor the woman’s late parents by passing on her surname, while the other wanted to preserve a family name as the woman was an only child.
Both couples had previously won their challenge in the Free State High Court, but the Constitutional Court’s confirmation was required for the ruling to take full effect.
This decision aligns South Africa with several European countries and U.S. states where men can freely assume their wives’ surnames upon marriage.
Legal analysts and gender rights advocates have hailed the judgment as a major victory for personal identity and marital equality.