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South African Court Affirms Right of Men to Adopt Wives'
Sep 11, 2025
South African Court Affirms Right of Men to Adopt Wives'
View Video Transcript
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In a landmark decision challenging
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long-standing patriarchal norms, the
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Bloomfontine High Court has ruled the
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South African men legally adopt their
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wives sons after marriage. This decision
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overturns previous provisions in the
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birth and death registration act that
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restricted such changed marking a
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significant step towards gender equality
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in the country. The challenging
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historical norms. The case was brought
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forward by two couples who argued that
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the existing law was discriminatory
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under the previous legal framework.
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Women could easily assume their son
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their husband's surnames under marriage
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while men faced bureaucratic hurdles
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including the need for approval from the
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director general of home affairs to take
0:50
their wife's surnames. This disparity
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was seen as a violation of
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constitutional rights to equality and
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dignity.
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Her surname failing to afford a man the
1:01
right to assume the surname of the woman
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after marriage.
1:07
Judge Joseph Malambi proceeding over the
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case stated that the provision of the
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act failed to recognize modern societal
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values including gender equality and the
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rejection of rigid gender roles. He
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emphasized that updating the law to
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reflect these values is essential for
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promoting a more inclusive and equitable
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society.
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Implications and reactions. The ruling
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has been welcomed by various
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organizations advocating for gender
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equality. The Commission for Gender
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Equality praised the decision, noting
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that it aligns with the constitutional
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commitment to nondiscrimination and
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personal autonomy. Legal experts also
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viewed the decision as a progressive
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move. The law firm Pegal Shulenberg
1:55
highlighted that the court's
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acknowledgement of the discriminatory
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nature of the previous provisions sets a
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precedent for challenging other outdated
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laws that perpetuate graduate
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inequality.
2:06
So they won't say the beauty and the
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beast as we knew in the literature of
2:10
English ourselves who grew up during
2:12
that time. They will say the duty the
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best meaning that the beast has been.
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While the high court's decision is a
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significant milestone, the matter has
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been referred to the constitutional
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court for a confirmation. The
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constitutional court's endorsement would
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solidify the ruling and ensure its
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application across the country. In the
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meantime, the Department of Home Affairs
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has indicated its respect for the
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court's decision and is expected to
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adjust its policies accordingly to
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facilitate surname changes for men
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wishing to adopt their wives surnames.
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