In a landmark judgment that advances gender equality in South Africa, the Constitutional Court has ruled that men now have the legal right to adopt their wives’ surnames – a decision that marks a historic departure from long-standing gendered norms in marriage law.
The ruling, handed down on Thursday, stems from a challenge to the Births and Deaths Registration Act, which previously imposed restrictions on men seeking to change their surnames after marriage.
Under the Act, men were only permitted to adopt new surnames under specific conditions, such as taking on a neutral or family-related name.
No such limitations existed for women.
Discrimination
The case was brought before the court by a couple in a customary marriage, after the husband was denied the ability to register himself under his wife’s surname – a rejection that sparked a constitutional challenge on the grounds of discrimination.
In its unanimous judgment, the Constitutional Court found the relevant provisions of the Act to be unfairly discriminatory, violating men’s rights to equality and dignity as enshrined in the Constitution.
“The legislative framework reflects outdated gender norms that no longer have a place in a democratic and equal society,” the judgment reads.
“The law, as it stands, limits the ability of men to define their family identity on equal terms with their spouses.”
The court ruled that the discriminatory provisions are unconstitutional and has suspended the declaration of invalidity for 24 months, giving Parliament time to amend the legislation.
However, the court also ordered that men must be permitted to assume their wives’ surnames immediately, pending legislative reform.
‘Major victory’
The decision has been hailed by gender rights advocates as a major victory.
“This ruling affirms that identity, choice, and equality must apply to everyone, regardless of gender,” said a spokesperson for Gender Dynamix, a civil society group that supported the challenge.
Legal analysts have described the decision as not only symbolic, but practically significant, opening the door to broader discussions about marriage equality, identity, and administrative reform in South Africa.
With changing family structures and increasing awareness around inclusive policies, the Constitutional Court’s ruling is seen as a crucial step toward aligning South African law with constitutional values.
Would you be open to taking your wife’s surname after marriage?
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