Can Husbands Now Legally Adopt Their Wives' Surnames in South Africa?
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Synopsis
In a historic ruling, South Africa's Constitutional Court has granted husbands the right to take their wives' surnames, challenging long-standing gender norms. This decision comes after couples faced legal barriers to surname changes, paving the way for equality in name adoption. Discover how this ruling could redefine family identity in South Africa!
Key Takeaways
- Husbands can now legally take their wives' surnames.
- The Constitutional Court declared existing laws unconstitutional.
- 24-month period for legislative changes has been provided.
- Significant challenge to patriarchal norms.
- Empowers individuals to choose their identity.
Cape Town, Sep 13 (NationPress) South Africa's supreme judicial body, the Constitutional Court, has made a groundbreaking decision, stating that husbands may now legally adopt their wives' surnames. The court declared on Thursday that specific provisions of the existing Births and Deaths Registration Act are "unconstitutional," as they "unjustly discriminate based on gender."
This ruling followed appeals from two couples, as reported by Xinhua. In one case, Henry van der Merwe was denied by the Department of Home Affairs the right to take on his wife Jana Jordaan's surname. Similarly, Andreas Nicolaas Bornman was prohibited from hyphenating his surname to include his wife, Jess Donnelly-Bornman.
The hearing took place on March 4, with the judgment rendered on Thursday. The minister of home affairs and the minister of justice and constitutional development were cited as respondents in this case.
The court emphasized, "The tradition of women adopting their husbands' surnames is a colonial legacy. This practice has perpetuated patriarchal norms that regard women as subordinate to their husbands and expect them to conform to their identity."
Furthermore, the court noted that the declaration of invalidity will be suspended for 24 months to give Parliament time to amend existing laws or create new legislation that allows all individuals the right to choose a surname. The minister of home affairs was also ordered to cover the applicants' costs in the Constitutional Court, including the fees for two legal representatives.
Point of View
I firmly believe that this ruling by South Africa's Constitutional Court marks a significant step towards gender equality. It not only challenges outdated norms but also empowers individuals to choose their identities freely. This decision will resonate positively in our society, allowing families to redefine their legacies together.
NationPress
13/09/2025
Frequently Asked Questions
What did the Constitutional Court decide?
The Constitutional Court ruled that husbands can legally adopt their wives' surnames, declaring certain sections of the Births and Deaths Registration Act unconstitutional due to gender discrimination.
Why was this ruling significant?
This ruling is significant as it challenges patriarchal norms and promotes equality, allowing both partners in a marriage to have equal rights regarding surnames.
How long is the declaration of invalidity suspended?
The declaration of invalidity is suspended for a period of 24 months, allowing Parliament time to amend legislation or create new laws.
Who were the respondents in this case?
The minister of home affairs and the minister of justice and constitutional development were cited as respondents in this case.
What did the court say about traditional surname practices?
The court stated that the tradition of women taking their husbands' surnames is a colonial legacy that reinforces patriarchal norms.
