Two husbands fight to take their wives' surnames

Updated March 5, 2025, 6:02 a.m. | By East Coast Breakfast / Skyye Ndlovu

Two husbands are challenging an outdated law that stops them from taking their wives' surnames.

What’s in a name? Well, for two South African husbands, apparently quite a lot. Enough to take the matter all the way to the Constitutional Court (ConCourt).

In a plot twist that challenges long-standing societal norms, these men are fighting for the right to take their wives’ surnames after marriage. Yes, you read that correctly.

While women have long been allowed to adopt their husbands’ surnames, the law currently doesn’t extend the same courtesy to men. That’s exactly what these couples are challenging.

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At the heart of this case is the Births and Deaths Registration Act, specifically Section 26(1)(a) to (c) and regulation 18(2)(a). These outdated laws, according to the Free State High Court, discriminate based on gender. Last September, the court agreed, ruling the provisions unconstitutional.

Now, the matter is before the ConCourt, which will decide whether to confirm that ruling.

The first couple (who chose to stay anonymous) tied the knot in 2021. The wife, having lost her biological parents young, holds deep sentimental value in her surname. Her husband, who wants to build a unified family identity, wishes to take it as his own. However, Home Affairs said no.

The second couple, Jess Donnelly-Bornman and Andreas Bornman, married in 2022 and hit the same bureaucratic wall. They wanted to combine their surnames into a hyphenated family name. Again, no luck.

Why does this matter?

Their lawyer, advocate Neil Snellenburg, argued that the state had already admitted the law unfairly restricts men in heterosexual marriages. He emphasised that the government failed to justify why this gender-based restriction still exists.

Moreover, Snellenburg pointed out that fixing the issue isn’t as simple as crossing out a few words. If the court rules the law unconstitutional, the government may need two years to rewrite legislation, allocate budgets, and adjust policies.

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At its core, this case is about choice and equality. If a woman can change her surname at will, why can’t a man? In a modern world where gender roles are evolving, clinging to outdated legal norms seems more than a little ancient.

For now, the ConCourt has reserved judgement. Whether these husbands will get their wish remains to be seen.

One thing’s for sure though; societal norms are shifting, and the law will have to catch up.