South African Court Declares Husbands Can Adopt Wife’s Surname

South Africa’s Constitutional Court has declared that husbands can now legally adopt their wives’ surnames, striking down a law that previously barred them from doing so.

According to a report by BBC, the ruling followed a case brought forward by two couples who challenged the provision under the Births and Deaths Registration Act, arguing that it was discriminatory and unconstitutional.

In one case, Henry van der Merwe was denied the right to take the surname of his wife, Jana Jordaan. In another, Andreas Nicolas Bornman was prevented from hyphenating his surname to include Donnelly, the surname of his wife, Jess Donnelly-Bornman.

The couples argued that the law was archaic and patriarchal, violating the constitutional right to equality. While they won in a lower court, they sought confirmation from the Constitutional Court, which upheld their arguments.

In its judgment, the court ruled that the law amounted to gender-based discrimination and must be overturned. It directed Parliament to amend the Births and Deaths Registration Act and its regulations to bring the law in line with constitutional provisions.

Legal experts and rights groups have hailed the decision as a landmark victory for gender equality, saying it reinforces that both men and women should enjoy equal rights in marriage, including the freedom to choose a family name.