L v H and Another (2205/2016) [2018] ZAKZDHC 61 (28 November 2018)

L v H and Another (2205/2016) [2018] ZAKZDHC 61 (28 November 2018)

The court found that the applicant, as co-holder of full parental rights and responsibilities, had made out a case for the relief sought. The evidence showed prior agreement between the parties regarding the surname change and the inclusion of the applicant's particulars on the birth certificate. The court held that the best interests of the child standard required recognition of both parents and that a double-barrelled surname would not prejudice the child but rather affirm his identity and rights. The court rejected the respondent's jurisdictional argument, finding that in the absence of the mother's consent, the court could dispense with such consent and order the Director General to...

Citation
[2018] ZAKZDHC 61
Parties
Applicant: L; Respondent: H; Respondent: Director General: Home Affairs
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
28 November 2018
Case Number
2205/2016
Procedural Posture
Urgent Application / Final Judgment After Opposed Application
Outcome
Application granted. The court ordered the first respondent to cooperate in the completion of forms for the alteration of the minor child's surname and the inclusion of the applicant's particulars on the unabridged birth certificate. The Director General was authorized and directed to effect the changes. No order as...
Judges
Henriques
Legal Topics
Change of Surname, Parental Responsibilities and Rights, Best Interests of Child, Births and Deaths Registration Act, Unabridged Birth Certificate
Family and Children Civil Procedure Change of Surname Parental Responsibilities and Rights Best Interests of Child Births and Deaths Registration Act Unabridged Birth Certificate

Case Brief

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Parties

L

Applicant

H

Respondent

Director General: Home Affairs

Respondent

Procedural Posture

Urgent Application / Final Judgment After Opposed Application

Legal Issues

  1. 1 Whether it is in the best interests of the minor child for his surname to be altered to include that of his father, resulting in a double-barrelled surname.
  2. 2 Whether the applicant's particulars should be reflected on the minor child's unabridged birth certificate.
  3. 3 Whether the High Court has jurisdiction to order the alteration of the minor child's surname under section 25(2) of the Births and Deaths Registration Act in the absence of the mother's consent.

Ratio Decidendi

The court found that the applicant, as co-holder of full parental rights and responsibilities, had made out a case for the relief sought. The evidence showed prior agreement between the parties regarding the surname change and the inclusion of the applicant's particulars on the birth certificate. The court held that the best interests of the child standard required recognition of both parents and that a double-barrelled surname would not prejudice the child but rather affirm his identity and rights. The court rejected the respondent's jurisdictional argument, finding that in the absence of the mother's consent, the court could dispense with such consent and order the Director General to...

Court Disposition

Application granted. The court ordered the first respondent to cooperate in the completion of forms for the alteration of the minor child's surname and the inclusion of the applicant's particulars on the unabridged birth certificate. The Director General was authorized and directed to effect the changes. No order as...

Orders

  • The first respondent is directed to sign and fill in all relevant details in the prescribed forms for the insertion of the applicant's particulars in the child's birth registration and for the alteration of the child's surname.
  • The Director General: Home Affairs is authorized and directed to insert the applicant's particulars into the Birth Register and to amend the minor child's surname to 'Harvey-Lurie' in the Population Register.