Well my husband had a son, who was registered with his surname, we have contact the child after sixteen years only to find that his surname is his mothers, and according to him that is what his birth certificate says, we don't know how she managed to do this without my husbands consent. It is very puzzling.

You don't need his permission. Home Affairs have forms that you need to feel in and the surname will be changed. I went through the same thing, and had thought that I would need his permission, but I was told by Home Affaors that I didn't and they gave me the appropriate forms to fill-in.
Remember that the people that work there don't always know what's going on.
Hope this helps....

I too am struggling to change my son's surname to my Married surname. My son is not my husband biological child and I registered him on my maiden surname not his biological fathers surname (clever me). My son at the age of 9 he asked to change his surname to my married surname and this was his own decision. My husband myself and my son spoke to his biological father and he agreed. We went to HOME AFFAIRS in JHB and experienced unprofessional help there. When we went there first time the forms they gave us needed the fathers signature but when we took it back we were told it was the wrong forms. We got a second set of forms which didn't need the biological fathers signature we took back and still those where wrong forms. A third set of forms was completed in January 2008 we still waiting. We were told to call back in six months which my husband did and they told him it was not ready yet we tried again in December 2008 and we still waiting till today. A friend had her surname changed within 3 months after her divorce and cannot understand why we waiting so long. She went to HOME AFFAIRS in Randburg and she said they are more professional and helpful so Hubby and I will be going there soon. PLEASE DON'T GO TO HOME AFFAIRS IN JHB they are the most unfriendly and unprofessional bunch of people who don't know their jobs.

Please see http://www.home-affairs....ndments.asp#minorsurname

Section 25: Change of surname of a minor

The section provides for the following different scenarios:
25(1)(a): Child born out of wedlock. Mother marries a person other than the child's natural father and wishes to change the child�s surname to that of her husband.
25(1)(b): A mother after her divorce from or death of her husband (father of child) wishes to change the child's surname to her maiden surname or to another surname she bore legally, or if she has remarried, to the surname of her new husband.
25(1)(c): Child born out of wedlock, but registered under the natural father's surname: Mother wishes to change the child's surname to her surname.
25(1)(d): Minor in care of a guardian: Guardian wishes to change the child's surname to his or hers.
25(2): The section provides for instances not covered by section 25(1), but where a good and sufficient reason for the change nevertheless exists.
The natural father's written consent, unless waived by a competent court is a statutory requirement in the case where the child was born in wedlock.

In respect of section 25(1)(a) and (b) cases, the husband whose surname the child is to assume, must also give his written consent to the assumption.

Concerning section 25(2) cases, both the natural parents� written consent is required , as well as a good and sufficient reason, in writing, for the change.

Applications must be on a duly completed BI-193 application form.
Tariff: stat R50.00

I think you may have to produce an affidavit to Home Affairs explaining that the father has absconded and there is no trace of him. Then only will tehy consider doing anything without the father's permission. You will also find it extremely difficult to get documents like passports as that also requires his permission. They will try ot make it very difficult at home affairs but perservere.
Good luck.

Hi there ... I was in the very same situation, I got the forms to change my son's surname and all I had to do was get an affidavit stamped & signed (Police station should be able to assist with this) stating all that you said in your letter and that the father is not interested in his child and you would like to change the surname. With all the documents I sent the original birth certificate and the above forms completed and signed to Preetoria and not even 6 months later I received a letter confirming change and an abridged birth certificate.

In order to change your child's surname I remember years ago, you had to run an advert in an english and afrikaans paper so that if there was an objection it would be noted. I am not sure if the law on that has changed but it may be worthwhile to look into it and take it from there.

I confirm that all you need to do is go to home affairs and pay a little fee for a name change. Thats all. Ignore the writer who comments on why you got pregnant - its not relevant to the name change and rather petty.

Uli is right. There is also a new twist in the new child act that came into eefect on the 1st of April this year. A family plan also needs to be in place if the father has contact with his child. This complicates matters for both parties and restricts any one of the parents to apply for a passport for the child as there also, both parents needs to give their consent. It is in the interest of the child as we as grand parents found out that this safe guards us from being alienated from our grand child. The mother of our grand chaild has tried everything in her power to alienate our grand daughter from us and has failed due to the laws that are in place. So it basically cuts both ways.

I am a father, in much the same predicamant as your ex, but at least I am paying maintenance. I will stop paying that if my son's surname changes without my consent - and I will not give it anyway.