South Africa Court Rules Men Can Adopt Wives’ Surnames

South Africa’s Constitutional Court ruled that husbands can take their wives’ surnames, overturning a law deemed discriminatory. The government has two years to amend the Births and Deaths Registration Act. The decision, prompted by two couples, reflects both equality principles and traditional African naming practices and has drawn mixed reactions online.

South Africa’s Constitutional Court has made a historic ruling that allows husbands to adopt their wives’ family names, overturning a law that had previously prohibited men from doing so. This decision comes as a significant step in the country’s ongoing efforts to promote gender equality and challenge outdated colonial-era laws.

The court’s ruling, announced on Thursday, upheld a judgment made last year by a lower court. Justice Loena Theron, delivering the ruling, emphasized that the existing law discriminated on the grounds of gender and described it as a colonial import that no longer reflects the values of modern South African society. Under the previous legislation, only women were permitted to change their family name when their marital status changed, a law that was introduced during the apartheid era under white-minority rule. This restriction effectively prevented men from taking on their wives’ surnames, reinforcing a patriarchal tradition that excluded men from having the same choice.

In light of the ruling, the court suspended the current legislation and granted the government a two-year period to amend the Births and Deaths Registration Act to reflect the new legal interpretation. The case had been brought forward by two separate couples who challenged the Department of Home Affairs, citing gender discrimination. One couple sought the option for both partners to have their family names hyphenated after marriage, while the second couple specifically wanted the husband to adopt his wife’s family name, which the previous law did not allow.

The Constitutional Court concluded that the existing legislation infringed upon the right to equality that is enshrined in South Africa’s Constitution, which was adopted in 1994 following the end of apartheid. The ruling also highlighted the cultural and historical context of family naming practices in Africa, noting that in many African traditions, women would retain their birth names after marriage, and children often inherited their mother’s clan name. The imposition of the practice where women take their husband’s surname was introduced with the arrival of European colonizers and Christian missionaries, bringing Western values that overrode indigenous customs.

The ruling has generated widespread discussion and a range of reactions on social media. Some welcomed it as a progressive step toward equality and personal freedom, while others, mainly male users, criticized it, arguing that it conflicts with traditional cultural norms. Many pointed out that the ruling does not force men to adopt their wife’s surname; it simply gives them the option to do so. One South African woman commented on social media, questioning the panic among men, noting that the decision is optional and does not compel anyone to change their name.

The decision is seen as a reflection of South Africa’s ongoing efforts to reconcile its legal system with contemporary values of equality, while also recognizing the diversity of cultural practices across the country. By overturning a law rooted in both colonialism and apartheid-era patriarchy, the Constitutional Court has set a precedent that could influence future debates on gender equality and family law in the country.