South Africa’s Constitutional Court has ruled that husbands can take wives’ surnames. This confirms a Free State High Court decision and declares parts of the Births and Deaths Registration Act unconstitutional. The judgment, delivered on Thursday, 11 September 2025, suspends the invalidity for 24 months. This suspension gives Parliament time to amend the law. In the interim, the offending provisions will not apply when spouses assume or resume a surname after marriage.
What Changes Immediately
Until new legislation kicks in, people can adopt a spouse’s surname or return to a previously used surname. They can also add a previous surname to one assumed after marriage—without being blocked by the Act’s current wording. The Court also ordered the Minister of Home Affairs to pay the legal costs of the two couples who brought the case.
The Couples Who Challenged the Law
The case started after two husbands were refused requests to change their surnames at Home Affairs. One couple, identified only by initials, married in 2021 and hit an administrative wall. The second couple—Jess Donnelly-Bornman and Andreas Bornman—married in 2022. They sought a hyphenated surname combining both family names. Their challenge led the High Court to strike down sections 26(1)(a)–(c) and Regulation 18(2)(a), a ruling now confirmed by the Constitutional Court.
Court’s Reasoning: Ending a Colonial Hangover
Justice Leona Theron said the practice of wives taking husbands’ surnames is “largely a colonial import rooted in patriarchal norms.” She added that the law unfairly discriminated on the basis of gender by denying women the reciprocal choice of having a spouse assume their surname. The Court’s order means the state must modernise the framework to reflect equality in naming decisions.
Why it Matters for Families
For everyday couples, the ruling provides clarity and flexibility. It recognises that husbands can take wives’ surnames, wives can keep theirs, and partners can hyphenate. These choices better reflect how South Africans build families today. The key phrase—husbands can take wives’ surnames—now has the backing of the country’s highest court.
