ConCourt Allows Husbands to Take Wives’ Surnames

JOHANNESBURG — 11 September 2025

The Constitutional Court has ruled that husbands may legally adopt their wives’ surnames after declaring sections of the Births and Deaths Registration Act unconstitutional.

Court found the law unfairly discriminated based on gender. (Constitutional Court judgment)

Justice Leona Theron stated the custom forcing women to take husbands’ surnames originated from colonial-era patriarchy that treated women as inferior. The practice violated constitutional equality rights. (Court judgment)

Parliament must amend the Act within 24 months. The decision supports an earlier Free State High Court ruling against the law. (Court order)

Social media reactions were divided. User @KingsDavidKing commented: “don’t care about our culture and traditions.” (Social media post)

@wal73721 responded: “What is wrong with a man taking a wife’s surname? Should be a free choice for everyone.” (Social media post)

@faye_nfk stated: “ConCourt rules that husbands are now able to adopt their wives’ surnames in SA. The relevant provisions of the Births & Deaths Registration Act have been declared unconstitutional. The law is truly alive.” (Social media post)

@AvuzwaMhlambiso added: “Oh ConCourt, they can never make me hate you!” (Social media post)