It’s official! Equality wins, and South African couples get to decide what feels right for their family name.
Johannesburg, South Africa (12 September 2025) – South African couples tying the knot now have a little more freedom in deciding how they’ll share a surname, because husbands can officially take their wives’ last names now.
The Constitutional Court has confirmed a landmark ruling that allows families to choose their surname from either side.
For years, the law only made provision for wives to take their husband’s surname (or double-barrel it), but it didn’t extend the same courtesy to men.
It all started with two couples who fought for the freedom to choose.
They challenged the Department of Home Affairs when their surname requests were denied. Henry van der Merwe was refused the right to take the surname of his wife, Jana Jordaan, and Andreas Nicolas Bornman wasn’t allowed to hyphenate his surname to include Donnelly, the surname of his wife, Jess Donnelly-Bornman.
Last year, the Free State High Court ruled that parts of the Births and Deaths Registration Act were unconstitutional because they discriminated on the basis of gender. Now, almost a year later, the highest court in SA has confirmed it.
What does it mean in practice, though?
It means couples can now make the decision together. Whether a wife takes her husband’s name, a husband takes his wife’s, both keep their own, or they combine them – the law finally recognises that all of these choices are entirely valid.
It may sound like a small win, but for many couples it’s a big one. It’s a chance to decide what feels right for their family legacy without being boxed in by old rules.
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And in a country where equality is something we’re still striving to strengthen every day, this feels like something celebrating. For love and for fairness.
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