News / National
South African men can now adopt wives' surnames
11 Sep 2025 at 15:36hrs |
47 Views
A historic ruling from the South African Constitutional Court today.
The Apex court has handed down judgment that husbands in South Africa can now legally adopt their wives' surnames.
The Constitutional Court confirms the Free State High Court ruling that men could indeed adopt their wives' surname.
The judgment, handed down in September 2024, follows an application brought forward by two couples after the Home Affairs Department refused to register their surnames.
But the High Court ruled at the time that Section 26(1)a to c of the Births and Deaths Registration Act is unconstitutional, marking a major blow to patriarchy and ensuring gender equality.
Just eleven months later, Constitutional Court Judge Leona Theron has now confirmed this ruling.
During the court proceedings, Theron ruled that Section 26(1)(a)–(c) of the Births and Deaths Registration Act is declared unconstitutional, in that it violates sections 9(1) and 9(3) of the Constitution.
She adds that this unfairly discriminates on the basis of gender, by failing to provide for a man to apply to change his surname following a change in his marital status.
The judgment marks a major step toward gender equality, overturning outdated legal barriers that previously made the process difficult for men.
The Apex court has handed down judgment that husbands in South Africa can now legally adopt their wives' surnames.
The Constitutional Court confirms the Free State High Court ruling that men could indeed adopt their wives' surname.
The judgment, handed down in September 2024, follows an application brought forward by two couples after the Home Affairs Department refused to register their surnames.
But the High Court ruled at the time that Section 26(1)a to c of the Births and Deaths Registration Act is unconstitutional, marking a major blow to patriarchy and ensuring gender equality.
Just eleven months later, Constitutional Court Judge Leona Theron has now confirmed this ruling.
During the court proceedings, Theron ruled that Section 26(1)(a)–(c) of the Births and Deaths Registration Act is declared unconstitutional, in that it violates sections 9(1) and 9(3) of the Constitution.
She adds that this unfairly discriminates on the basis of gender, by failing to provide for a man to apply to change his surname following a change in his marital status.
The judgment marks a major step toward gender equality, overturning outdated legal barriers that previously made the process difficult for men.
Source - eNCA
Join the discussion
Loading comments…
