Johannesburg, South Africa On 11 September 2025, the Constitutional Court of South Africa ruled that husbands may legally adopt their wives’ surnames, ending a long-standing gender-based restriction under South African law. BusinessTech+3AP News+3News24+3

Key Findings of the Ruling

• The Court declared Section 26(1)(a)-(c) of the Births and Deaths Registration Act (51 of 1992), as well as Regulation 18(2)(a) of the Regulations on the Registration of Births and Deaths, unconstitutional because they discriminated on the basis of gender. BusinessTech+3Saflii+3SABC News+3

• Under the old law, only women could change their surname by taking their husband’s name. Men were barred from taking their wife’s surname or creating a double-barrelled surname that includes the wife’s name. Saflii+2News24+2

• The Court found this unequal treatment violated Section 9(1) and 9(3) of the South African Constitution, which guarantee equality before the law and prohibit discrimination on the grounds of gender. Saflii+1

What Happens Now

• The ruling does not immediately change all existing legal frameworks. The Court has given Parliament 24 months to amend the law to align with constitutional requirements. During this period, interim remedies apply. BusinessTech+2The Citizen+2

• Pending legislative reform, the Court ordered a “reading-in” remedy. This means that in practice, men can assume their wives’ surnames or combine surnames (e.g., double-barrelled) under the now-invalidated sections while the law is being fixed. News24+2The Citizen+2

• The Home Affairs Department was among the respondents, and the Minister of Home Affairs will be responsible for implementing changes. Saflii+2News24+2

Reactions & Significance

• The decision is widely described as a landmark step for gender equality in South Africa, removing a law rooted in colonial and patriarchal tradition. The Citizen+2IOL+2

• Some have celebrated the ruling as a move toward personal freedom and equality in marriage. Others have expressed concern about cultural tradition, identity, and administrative challenges in changing surnames. AP News+1

• The cost of the legal challenge was ordered to be paid by the Home Affairs Department. The Citizen+1

What to Watch For

• How Parliament will draft amendments to the Births and Deaths Registration Act and what specific changes will be made.

• How the registration systems and administrative processes will adapt (how easy it becomes for people to change surnames, update official documents, etc.).

• Social and cultural response: whether there will be acceptance or resistance, and how communities interpret the impact on family identity and tradition.

Source Credit:

AP News; News24; BusinessTech; SABC News; IOL; Constitutional Court judgment (South Africa)  all published September 2025. SABC News+3AP News+3News24+3