South African Court Allows Men to Take Wife's Surname
By Mantasha - Sep 11, 2025
South Africa's Constitutional Court declares it unconstitutional and discriminatory to prohibit men from adopting their wives' surnames. The ruling is seen as a victory for gender equality, emphasizing personal choice over traditional gender norms in marital identity. Legal experts suggest the decision could prompt wider legal reforms addressing systemic gender inequalities. The judgment challenges cultural expectations and promotes inclusivity and individual autonomy in marriage.

South Africa court via Flickr
In a landmark judgment, South Africa’s Constitutional Court has struck down a law that prohibited men from adopting the surnames of their wives, declaring it unconstitutional and discriminatory. The ruling is being hailed as a major victory for gender equality and a bold step towards reshaping traditional marital norms. The case was brought forward by a man who attempted to legally adopt his wife’s surname after ,[object Object],. His request was rejected by the ,[object Object], under existing legislation that only allowed women to take their husband’s surname, but not the other way around. The applicant argued that the law violated his rights to equality, dignity, and personal freedom as enshrined in the South African Constitution.
The Constitutional Court agreed, emphasizing that such legislation reinforces outdated patriarchal traditions that privilege male identity over female identity in marriages. The judges unanimously held that denying men the option to take their wives’ surnames was a clear form of gender-based discrimination. They further stated that marital identity should be a matter of personal choice rather than being dictated by outdated gender norms.
Legal experts believe the decision carries implications far beyond the specific issue of surnames. It signals the judiciary’s growing commitment to dismantling systemic inequalities rooted in gender roles. According to analysts, the ruling could inspire broader legal reforms aimed at ensuring equal rights within ,[object Object],, ,marriage,, and ,[object Object], processes.
Social commentators note that the judgment challenges deeply ingrained cultural expectations. Traditionally, women have been expected to give up their surnames as a symbol of marital unity, while men retained theirs as a marker of authority and lineage. By upholding the right of men to adopt their wives’ surnames, the court has opened the door for couples to redefine marital identity on their own terms, whether by taking one surname, hyphenating, or choosing an entirely new one.
This progressive ruling reflects global shifts toward inclusivity and individual autonomy in ,marriage,. It highlights South Africa’s constitutional commitment to equality and human dignity, while also sparking conversations about tradition, modernity, and personal freedom. Ultimately, it affirms that ,marriage, should be a partnership of equals, free from the constraints of historical discrimination.