Name Change - South Africa

South Africa

South Africa, which uses a mixture of common law and civil Roman Dutch law, mostly uses common-law procedures with regard to name change. Name changes in South Africa are regulated by the Births and Deaths Registration Act (Act 51 of 1992, as amended). The personal information of all citizens and permanent residents is recorded on the Population Register, so any name changes must be registered.

A person can change their forenames by submitting a form to the Department of Home Affairs. An individual's surname, or that of a family, may be changed by applying to the Department and providing a "good and sufficient reason" for the change.

A married woman can change her surname to that of her husband or join her maiden name with her husband's surname, and a divorced woman may return to her previous surname, without applying or paying a fee; but she must notify the department so that the details in the Population Register can be changed. (It is possible that, if challenged, these provisions might be held to be unconstitutional because they apply only to women.)

South Africa has officially recognized same sex marriages since 2006 and in doing so now allows one or both partners to change their surnames in the marriage register on the day of the marriage. A new passport and ID book can then be applied for with the new married surname as well.

The surnames of minor children can also be changed under various circumstances involving the marriage, divorce or death of a parent, children born out of wedlock, and guardianship.