31/05/2026
In South African law, changing a child's surname does not remove a parent's parental rights and responsibilities.
A child's surname and parental rights are two separate legal issues.
A parent who has parental rights and responsibilities under the Children's Act 38 of 2005 retains those rights unless they are specifically limited, suspended, or terminated by a court order. Simply changing the child's surname does not affect:
-Care and contact rights
-Guardianship rights
The right to be consulted on major decisions
Maintenance obligations
The right to seek contact through the courts
For example:
If a mother remarries and the child's surname is changed to that of the stepfather, the biological father does not automatically lose his parental rights.
Likewise, a father who has not had contact with a child for years does not lose his parental rights merely because the child's surname is changed.
Consent for a surname change
Where both parents are co-holders of guardianship rights, the consent of both parents is generally required to change a minor child's surname. If consent is withheld, an application can be made to court to authorize the change if it is in the child's best interests.
When parental rights can be lost?
Parental rights are usually only removed by:
A High Court order;
A Children's Court order;
An adoption order (where the biological parent's rights are generally terminated upon adoption).
