Court Rules Husbands Can Now Take Wives’ Surnames

In a landmark ruling, South Africa’s Constitutional Court has confirmed that husbands may now adopt their wives’ surnames. The judgment, delivered on Thursday, September 11, 2025, by Judge Leona Theron, declared sections of the Births and Deaths Registration Act of 1992 unconstitutional, citing unfair gender-based discrimination.

The case arose from challenges by two couples: Jana Jordaan and Henry van der Merwe, and Jess Donnelly-Bornman and Andreas Nicolaas Bornman. Van der Merwe had been denied the right to take his wife’s surname, while Bornman was prevented from hyphenating his surname to include his wife’s. The couples argued that these restrictions reflected outdated gender roles and violated the Constitution’s guarantee of equality.

The Bloemfontein High Court had previously ruled in their favor, ordering the Department of Home Affairs to correct affected records. The Constitutional Court upheld that decision and also directed the department to cover the applicants’ legal costs, including those for two counsel.

Ministers of Home Affairs Leon Schreiber and Justice and Constitutional Development Mamoloko Kubayi did not oppose the application, leaving the court to balance constitutional rights with existing legislative and administrative practices.