Constitutional Court says husbands can now legally adopt wives’ surname: Jordaan and Others v Minister of Home Affairs

Overview On 11 September 2025, the Constitutional Court unanimously confirmed that section 26(1)(a)–(c) of the Births and Deaths Registration Act 51 of 1992 is unconstitutional because it differentiates irrationally and unfairly on the ground of gender. In plain terms: South Africa may no longer restrict post-marriage surname options to women only. Men, and spouses in […]