South African court rules that men can take their wife's surname

Started by Bosunstar, 2025-09-11 10:10

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South African court rules that men can take their wife's surname

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South African law previously permitted only women to adopt their husbands' surnames. The country's highest court has now ruled that husbands can also take their wives' surnames, effectively overturning a law that prevented this practice. 

This decision marks a significant victory for two couples involved in the case, as the Constitutional Court identified the law as a "colonial import" that constituted gender-based discrimination. Henry van der Merwe was unable to take his wife Jana Jordaan's surname, and Andreas Nicolas Bornman could not hyphenate his surname to include his wife Jess Donnelly's name, according to the public broadcaster SABC. 

In light of this ruling, Parliament will need to amend the Births and Deaths Registration Act and its regulations to implement the decision.

BBC News

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