South Africa’s Constitutional Court Grants Men Right to Adopt Wives’ Surnames

By: Chioma Madonna Ndukwu

South Africa’s Constitutional Court Grants Men Right to Adopt Wives’ Surnames

South Africa’s highest court has ruled that men can take their wives’ surnames after marriage, declaring a long-standing legal restriction unconstitutional and discriminatory.

In its judgment delivered on Thursday, the Constitutional Court held that the prohibition “served no legitimate government purpose” and entrenched gender inequality.

The court noted that while men were directly denied the option of adopting their wives’ names, the effect on women was “far more insidious” because it reinforced patriarchal norms that tie a woman’s identity to her husband.

The ruling followed a case brought by two couples. One woman, who lost her parents at a young age, wished to honour them by ensuring that her surname continued through her marriage.

In the other case, the wife, an only child, wanted to preserve her family name. Both husbands attempted to formally adopt their wives’ surnames but were prevented by existing legislation.

Until now, men had to apply to the Department of Home Affairs to change their surname, a process that was not guaranteed approval and often discouraged. Women, however, were automatically permitted to take on their husbands’ surnames under marriage law.

By striking down the restriction, the court suspended the offending provisions and directed parliament to amend the law accordingly. The decision aligns South Africa with practices in several European countries and parts of the United States, where men may freely assume their wives’ surnames at marriage.

Legal analysts say the ruling marks an important step in dismantling entrenched gender roles within marriage. Civil society groups welcomed the judgment, describing it as a victory for equality and freedom of identity.

About The Author

Chioma Ndukwu

See author's posts