In a landmark decision that strengthens gender equality in South Africa, the Constitutional Court has ruled that husbands can now legally adopt their wives’ surnames. The ruling comes after a long-fought legal battle challenging discriminatory sections of the Births and Deaths Registration Act.
“It unfairly discriminates on the grounds of gender by failing to offer a woman the right to have her spouse assume her surname,” said Judge Leona Theron during Thursday’s ruling.
The Case That Changed the Law
The case began when two husbands challenged the law after being denied the right to adopt their wives’ surnames.
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The first couple, married in 2021, wanted the husband to take his wife’s surname but were blocked by Department of Home Affairs officials.
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The second couple, Jess Donnelly-Bornman and Andreas Bornman, married in 2022, faced similar obstacles when attempting to hyphenate their last names.
The Free State High Court initially ruled in September 2024 that the contested sections of the Act were unconstitutional, finding that they discriminated based on gender. The Constitutional Court has now upheld that decision.
What the Ruling Means
Judge Theron declared sections 26(1)(a) to (c) of the Act, along with Regulation 18(2)(a), invalid, stating they “irrationally” violated section 9 of the Constitution.
To ensure a smooth transition, the Court suspended the declaration of invalidity for 24 months, giving Parliament time to amend the law or create new legislation. In the meantime:
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Current law cannot prevent someone from taking their spouse’s surname after marriage.
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Married, divorced, or widowed individuals can resume a previous surname or combine surnames freely.
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If Parliament does not act within two years, these interim measures will remain in effect until a new law is enacted.
The Court also ordered the Minister of Home Affairs to pay the legal costs of the couples, signalling the seriousness of upholding constitutional rights.
A Step Toward Gender Equality
For many, this ruling represents more than just a procedural change; it is a symbolic affirmation of equality in marriage. South Africa now formally recognises that surname rights should not be dictated by gender, a progressive step that aligns with broader efforts to remove outdated legal barriers.
Social media has been abuzz with reactions, with many couples celebrating the newfound freedom to make personal choices about identity and family names. Some users highlighted how the decision reflects growing awareness around equality in both legal and cultural contexts.
The ConCourt ruling ensures that South African husbands, like their wives, have the legal freedom to shape their identities and family legacies. It’s a milestone in modernising marriage laws and removing arbitrary gender discrimination, giving couples more flexibility to define their union on their own terms.
{Source: The Citizen}
Featured Image: Pexels
