Husbands can now legally take wives’ surnames, South Africa constitutional court rules

The ruling followed challenges brought by two couples, Jana Jordaan and Henry van der Merwe, and Jess Donnelly-Bornman and Andreas Nicolaas Bornman, who argued that the Births and Deaths Registration Act unfairly limited men’s choices while granting women full freedom to assume their husbands’ names.

Van der Merwe was denied the right to take his wife Jordaan’s surname, while Bornman was blocked from hyphenating his surname with that of his wife, Donnelly. Both men contended the restrictions violated constitutional guarantees of equality and dignity.

In its judgment, the Constitutional Court agreed, describing the provisions as outdated and rooted in patriarchal assumptions which limits men’s choices and ifringes on their rights to equality and dignity.

The court’s decision affirms an earlier ruling by the Bloemfontein High Court, which had already found the restrictions unconstitutional. It also aligns with submissions by the Free State Society of Advocates, which supported the couples’ case, arguing that the law perpetuated harmful gender stereotypes.

Neither the Minister of Home Affairs, Leon Schreiber, nor the Minister of Justice and Constitutional Development, Mamoloko Kubayi, opposed the application.

Under the ruling, Parliament has 24 months to amend the Act and its regulations. In the meantime, men will be allowed to adopt their wives’ surnames, or hyphenate them, when registering a marriage.

The issue was deeply personal for Jordaan, whose surname her husband sought to adopt. She described her name as a connection to family memories, underscoring the human dimension behind the legal battle.

Advocates for gender equality have welcomed the judgment, describing it as a necessary step toward dismantling discriminatory practices in South African law and affirming the right of couples to define their identities on equal terms.