In a landmark ruling, South Africa’s Constitutional Court has declared that husbands now have the right to take their wives’ surnames after marriage, striking down sections of the Births and Deaths Registration Act that had been deemed discriminatory.

The decision, hailed as a step toward gender equality, follows a successful challenge by couples who argued the previous law perpetuated outdated patriarchal norms.

The court found Sections 26(1)(a) to (c) of the Act to be unconstitutional, as they permitted women to easily assume their husbands’ surnames while requiring men to follow a more burdensome process that included special applications and proof of good cause.

This legal disparity violated the constitutional rights to equality and dignity.

The ruling confirms an earlier Bloemfontein High Court decision from September 2024, which first sided with two men who were denied the right to adopt their wives’ family names.

This ruling also supports diverse family structures, including same-sex marriages, and aligns with the country’s progressive constitution, which prohibits gender-based discrimination.

This ruling provides couples with the freedom to choose a shared identity, whether through adopting a single surname, a combined one, or hyphenating their names.