Historic Win for Gender Equality: ConCourt Rules Men May Now Legally Adopt Their Wives’ Surnames
In a groundbreaking ruling, South Africa’s Constitutional Court has declared that husbands can now legally take their wives’ surnames—marking a major victory for gender equality.
Johannesburg, South Africa — Thursday, 11 September 2025
Previously, the law required men to seek permission, offering no guarantee that a request would be granted. Sections 26(1)(a–c) of the Births and Deaths Registration Act, along with Regulation 18(2)(a), were struck down as unconstitutional.
The case originated with two couples, Jana Jordaan & Henry van der Merwe, and Jess Donnelly-Bornman & Andreas Bornman. Each couple wished for the husband to assume or combine surnames—either to preserve family lineage or more equally reflect their unity.
Chief Judge Leona Theron, delivering judgment, emphasized that the law’s prior restriction was rooted in patriarchal, colonial norms and violated the constitutional right to equality under Section 9.
The declaration of invalidity has been suspended for 24 months, giving Parliament time to amend the flawed legislation, or enact new laws. Until then, men may assume their wives’ surnames when they wish, without fear of rejection.
