What’s in a surname?

The Births and Deaths Registration Act 51 of 1992 governs the surname a child assumes at birth and when a woman or man may change his or her surname.

Surname of a child at birth

·        A legitimate child takes the surname of either the father or the mother of the child concerned or the surnames of both parents as a double-barrelled surname.

·        A child born out of wedlock takes the surname of the mother. However, the child can assume the natural father’s surname if both parents apply jointly to enter the father’s surname in the birth register provided that the father acknowledges his paternity in writing.

Change of woman’s surname

·        After her marriage a woman can either choose to retain her own surname or assume her husband’s.

·        Even if she assumes his surname she can resume a surname which she bore at any prior time.

·        A married or divorced woman or a widow who resumes a surname which she bore previously and a woman, whether married or divorced or a widow, adds to the surname which she assumed after the marriage, any surname which she bore at any prior time.

Change of man’s surname

·        On good cause shown, Home Affairs may authorise a man to change his surname. He must apply on the prescribed form and, if approved, the name change is gazetted.

Change of surname of a child born out of wedlock

·        The mother of a child born out of wedlock may apply to alter her child’s surname to that of her husband when she marries any person other than the natural father of that child.

·        The mother may also apply for a change when she remarries or resumes a surname which she bore at any prior time. Where the marriage has been dissolved by divorce, the written consent of the father must be obtained, except if the mother has sole guardianship.

·        An alteration is also possible when the birth of a child born out of wedlock has been registered under the surname of his natural father.

·        If the natural parents of the child marry they may apply to home affairs to give the child his father’s surname as if his parents were married to each other at the time of his birth. Home Affairs must be satisfied that the alleged parents are in fact his parents and that they are legally married to each other.