Husbands Can Now Legally Take Wives’ Surnames After Marriage

South Africa – Constitutional Court Ruling, 2025: In a landmark decision, the Constitutional Court has ruled that men can now legally assume the surnames of their wives after marriage. The ruling challenges long-standing gender norms in South African law and upholds the principles of equality and dignity for all citizens.

Historic Judgment Against Section 26 of Births and Deaths Registration Act

The judgment declared parts of Section 26(1)(a) to (c) of the Births and Deaths Registration Act unconstitutional. Previously, the law allowed women to assume their husbands’ surnames but denied men the same right, a restriction the court found discriminatory on the basis of gender.

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Justice Thran emphasized that the legislation had no legitimate government purpose and perpetuated patriarchal norms, placing women in an inferior position in marriage. The court’s ruling now ensures couples have the freedom to choose which surname they adopt.

Interim Remedy Gives Parliament 24 Months to Amend Law

While the declaration of invalidity takes effect immediately, the court has suspended the legal change for 24 months, giving Parliament time to update the legislation. This period allows lawmakers to draft a framework for surname changes that reflect equality between spouses.

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Couples Who Challenged the Law Vindicated

The court case was brought by couples Jana Juran Henry Famurva & Jess Donnelly Bourneman and Mr. Bornman, who successfully defended their constitutional right to equality. With this judgment, men now have the option to take their wives’ surnames if they choose, giving couples more flexibility in preserving identity and family naming traditions.

A Step Towards Gender Equality in Marriage

The ruling marks a progressive milestone in South African constitutional law. It eliminates a centuries-old bias embedded in marriage registration and ensures that both men and women can make personal choices regarding their family name, reflecting modern ideals of equality and dignity.

The Constitutional Court’s decision is being hailed as a historic win for gender equality and will have a lasting impact on married couples across South Africa.