Husbands allowed to use wives' surnames legally, rules ConCourt

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11 September 2025 | 7:49This ruling examined parts of the Births and Deaths Registration Act and its regulations, which had previously prevented husbands from assuming their wives’ last names.
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JOHANNESBURG - The Constitutional Court has ruled that husbands can now take their wives’ surnames.
This ruling examined parts of the Births and Deaths Registration Act and its regulations, which had previously prevented husbands from assuming their wives’ last names.
Two couples approached the apex court, arguing that the prohibition served no government purpose.
Henry van der Merwe and Andreas Bornman were unable to assume their wives’ surnames because of the legislation.
On Thursday morning, the Constitutional Court declared parts of the Births and Deaths Registration Act invalid, saying the law discriminated on the basis of gender.
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