South Africa Allows Men to Adopt Wives’ Surnames

South Africa’s Constitutional Court has struck down a law that prevented men from taking their wives’ surnames, calling the rule discriminatory and outdated.

The ruling – delivered by Justice Leona Theron on Thursday, 11 September – declared provisions of the Births and Deaths Registration Act 51 of 1992 unconstitutional.

“The restriction served no legitimate government purpose,” she said, noting that it unfairly discriminated based on gender.

The case was brought by two couples: Henry van der Merwe and Jana Jordaan, and Jess Donnelly-Bornman and Andreas Nicolas Bornman. Van der Merwe was barred from adopting Jordaan’s surname, while Bornman was blocked from hyphenating his name with Donnelly’s.

The court observed that many African traditions once allowed women to keep their birth names and children to carry their mother’s clan names, practices that shifted under colonial influence. As per the country’s legislative process, Parliament and the President have two years to amend the law.

Neither Home Affairs Minister Leon Schreiber nor Justice Minister Mamoloko Kubayi opposed the application, both agreeing that the legislation was outdated. The Free State Society of Advocates supported the couples, arguing that restricting the choices of men entrenched stereotypes.

The judgment has been hailed as a milestone for gender equality in South Africa.

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