South Africa’s Constitutional Court on Thursday ruled that a law preventing men from adopting their wives’ surnames is unconstitutional, declaring it a form of unfair gender discrimination.
The court found that the restriction served no legitimate government purpose and ordered its suspension, effectively clearing the way for parliament to amend the relevant legislation.
While the law directly barred men from taking their wives’ surnames, the court emphasized that the broader impact was “far more insidious” for women, as it reinforced harmful societal expectations.
“It reinforces patriarchal gender norms, which prescribe how women may express their identity, and it makes this expression relational to their husband, as a governmental and cultural default,” the court stated in its ruling.
The case was brought by two couples. In one, the woman wished to retain her surname to honour her late parents. In the other, the woman—an only child—wanted to preserve her family name. In both cases, their male partners wanted to adopt their wives’ surnames but were denied by law.
Previously, men seeking to change their surnames had to apply through the Department of Home Affairs—a process that was not automatically approved and often met with bureaucratic hurdles.
The ruling brings South Africa in line with gender equality practices already in place in many parts of the world, including several European countries and a number of U.S. states, where men can freely assume their spouse’s surname upon marriage.
