By Sanette Viljoen

One of the first things that parents consider when a pregnancy is confirmed, is what the child’s name will be. However, for many parents it’s not only the name that carries value, but also the child’s surname. What does the law say in this regard?

The parents must register the child’s name and surname with the Department of Home Affairs within 30 days of the birth. This registration takes place by virtue of the Registration of Births and Deaths Act 51 of 1992. The Act makes a distinction between the registration of the child’s surname in the case of a child born in wedlock and a child born out of wedlock.

By virtue of section 9(2) of this Act children born in wedlock is usually registered with the father’s surname, as the so-called marital surname. In most cases the mother adopted the father’s surname on their marriage. It is possible for a child to be registered with both parents’ surnames, these being hyphenated, if both parents consent thereto.

By virtue of section 10 of the Act, children born out of wedlock are registered with the mother’s surname only, unless the father acknowledges paternity in writing and both parents consent to the child being registered with the father’s surname. In this case a hyphenated surname with both parents’ surnames is not allowed.

In the case where by virtue of section 10 of the Act a child is registered with the mother’s surname, it is possible for it to be amended to the father’s surname at a later stage. This will be done by virtue of section 11, according to which the biological parents were unmarried at the time of the child’s birth, but do enter into marriage at a later stage.

In similar fashion a minor child’s surname can be amended by virtue of section 25 to be the same as the mother’s, should the mother’s surname change for any reason, or if initially the child was registered with his/her father’s surname and afterwards the mother decides to have it changed to her surname. In these circumstances it is important to remember to take into consideration that the child’s surname in no way has an influence on the parental rights and responsibilities of unmarried fathers or mothers with regard to their child. The fact that the child’s surname changed does not mean that the parent may stop paying maintenance.