South African court allows men to take their wife’s surname

Friday 12 September 2025 - 08:00

By: Sahili Aya

South African court allows men to take their wife’s surname

South Africa’s Constitutional Court ruled on Thursday that men are legally allowed to adopt their wife’s surname, striking down a law that had previously restricted this option to women. The court described the prohibition as discriminatory and incompatible with constitutional principles of equality.

In its judgment, the court argued that preventing men from taking their spouse’s surname “reinforces patriarchal gender norms” by limiting how women can express and preserve their identity. The case was brought forward by two couples. In one instance, the groom wished to honor the memory of his fiancée’s late parents by carrying on her family name. In another, the bride, an only child, wanted to ensure that her family name continued.

Until now, men had to request authorization from the Ministry of Home Affairs to change their surname, a procedure that was not always approved. By contrast, women could automatically adopt their husband’s surname upon marriage.

Legal experts note that similar provisions already exist in most European countries and in several U.S. states, where both spouses have the option to choose or combine surnames. The ruling is seen as a step toward greater gender equality in South Africa, allowing families more flexibility in shaping their identities.