South African Constitutional Court rules men can assume wives’ surnames

The Constitutional Court in Bloemfontein, South Africa has ruled that husbands are now permitted to adopt their wives’ surnames. 

The judgment was handed down on Thursday, September 11, 2025 by Judge Leona Theron. 

Theron declared that the Births and Deaths Registration Act, 51 of 1992, is declared unconstitutional because it unfairly discriminates on the grounds of gender.

The case stems from a constitutional challenge brought by two couples: Jana Jordaan and Henry van der Merwe, and Jess Donnelly-Bornman and Andreas Nicolaas Bornman.

Van der Merwe was denied the right to adopt his wife’s surname, while Bornman was not allowed to hyphenate his surname to include his wife’s.

The couples argued that these restrictions are based on outdated gender roles and violate the Constitution’s guarantee of equality.

The Bloemfontein High Court previously ruled in their favor, declaring the provisions unconstitutional and directing Home Affairs to correct affected records. The Constitutional Court has now confirmed that ruling.

The Department of Home Affairs was ordered to pay the applicants’ legal costs, including the costs of two counsel.

Ministers of Home Affairs Leon Schreiber and of Justice and Constitutional Development Mamoloko Kubayi did not oppose the application, leaving the Constitutional Court to weigh constitutional rights against legislative and administrative practices. 

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