South Africa’s Constitutional Court has struck down parts of the Births and Deaths Registration Act, ruling that men can now legally take their wives’ surnames. The judgment, delivered on Thursday, 11 September 2025, was reported by the South African Broadcasting Corporation (SABC).
The court found the Act discriminatory because it allowed women to freely assume their husbands’ surnames, while men faced legal obstacles in doing the same.
According to SABC, the court held that:
“Sections of the Births and Deaths Registration Act preventing husbands from taking their wives’ surnames were unconstitutional, as they violated the rights to equality and dignity.”
The case originated when a couple married under customary law attempted to register the husband under his wife’s surname but were denied due to the Act’s restrictive provisions.
One of the judges wrote in the ruling:
“The law imposed a barrier on men that women did not face. This amounted to unconstitutional discrimination.”
Temporary Suspension
Although the law was declared invalid, the court suspended the ruling for 24 months to give Parliament time to amend the legislation.
In the interim, however, men who marry—either under civil or customary law—are now permitted to apply to take their wives’ surnames immediately, under an order issued by the Constitutional Court. This ensures couples need not wait for Parliament to act before exercising this right.
Advancing Equality
The court emphasised that equality before the law must extend to family identity and surnames. While women in South Africa have long been able to assume their husbands’ surnames without restriction, men previously had to opt for neutral or family-linked surnames if they wished to make a change.
By clarifying that surnames are not determined by gender, the court signalled a step forward for freedom of choice in marriage.
SABC noted:
“The decision is widely regarded as an important milestone for gender equality, eliminating a historical imbalance in surname rights between men and women.”
The ruling took immediate effect on 11 September 2025.
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