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Gay and Lesbian Marriage at Home Affairs | SA 2026 Guide

Gay and Lesbian Marriage at Home Affairs South Africa | Complete Civil Union Guide

Last Updated: August 28, 2026|Reviewed By: Home Affairs Editorial Team|Fact-checked against official DHA and Other Official Sources|Not affiliated with the DHA

South Africa legalised same-sex marriage on 30 November 2006 – the first country in Africa and fifth in the world to do so. The Civil Union Act 17 of 2006 governs all civil unions, for same-sex and opposite-sex couples alike.

This guide covers the complete Home Affairs process for civil unions – from registration through to name change, children, divorce, and what happens when a partner dies.

Civil Union vs Civil Marriage – What Is the Difference?

Both are fully legal marriages with identical legal consequences. The difference is administrative.

Civil MarriageCivil Union
Governing lawMarriage Act 25 of 1961Civil Union Act 17 of 2006
Open to same-sex couplesNoYes
Open to opposite-sex couplesYesYes
Legal consequencesSameSame
Certificate issuedMarriage certificateCivil union certificate

If you are an opposite-sex couple, you can choose either Act. If you are a same-sex couple, the Civil Union Act is your only route. You cannot be registered under both Acts simultaneously.

Marriage or Civil Partnership?

The Civil Union Act gives you two options:

Civil union marriage – uses the word “marriage” in the certificate. Carries the same legal standing as any other marriage in South Africa.

Civil partnership – for couples who want full legal recognition without using the word “marriage.” Some same-sex couples choose this for personal or cultural reasons. The legal consequences are identical to marriage.

You indicate your choice on Form DHA-1764 at the time of registration.

Requirements

Both parties must:

  • Be 18 years or older – the Civil Union Act makes no provision for persons under 18
  • Not already be married or in a civil union under any other Act
  • Not be related by blood or adoption in a way that would prohibit marriage under SA law
  • Consent freely and voluntarily

Documents Required

Both partners (SA citizens):

  • Valid SA Smart ID card or green barcoded ID book
  • Certified copy of divorce decree if either partner was previously married or in a civil union
  • Death certificate of previous spouse or partner if either partner has been widowed

If one or both partners are foreign nationals:

  • Valid passport
  • Letter of non-impediment from your country’s embassy or consulate – confirms you are not already married in your home country. This is obtained from the foreign partner’s home country authorities, not from DHA or any South African office. For UK nationals, this is issued by the Foreign, Commonwealth and Development Office (FCDO) and typically takes days to a few weeks — not the months sometimes quoted by immigration lawyers referring to a different document. Apply for it before you travel to South Africa.
  • A DHA marriage interview is required at least one week before the ceremony. Both partners are interviewed separately. Contact your nearest DHA office to schedule – allow up to four weeks during busy periods. This interview is separate from the ceremony booking — you must complete the interview first, then book the ceremony.

On the day:

  • Two competent witnesses (both must be 18 or older)
  • Form DHA-1763 – Declaration for the Purpose of Marriage (Civil Union)
  • Form DHA-1764 – Registration of Civil Union (completed at the office, indicates marriage or civil partnership)
  • Form DHA-1766 – Civil Union register (completed by the marriage officer)

Not sure what to bring? Use the Home Affairs document checklist.

Who Can Conduct a Civil Union

A civil union can be conducted by:

  • A DHA marriage officer at any DHA office
  • A magistrate
  • A religious or civil marriage officer designated by the DHA under the Civil Union Act

The 2020 amendment: Since the Civil Union Amendment Act 8 of 2020, all designated marriage officers are legally required to perform civil unions regardless of their personal beliefs. The previous opt-out provision allowing officers to refuse on grounds of conscience was removed. A refusal is now unlawful. See the section below on what to do if a marriage officer refuses.

How to Register

Step 1 – Get your documents together Gather the documents listed above. If either partner was previously married or in a civil union, locate the divorce decree or death certificate before proceeding.

Step 2 – Book your DHA appointment Book at your nearest DHA live capture office via services.dha.gov.za. Some offices require a prior appointment for civil union registration. If a foreign national is involved, book the marriage interview at least one week before your planned ceremony date.

See the Home Affairs appointment booking guide for how to use the BABS system.

Step 3 – Attend with your witnesses Both partners and both witnesses must be present. The marriage officer will complete the register and both partners sign in the presence of witnesses.

Step 4 – Receive your certificate The marriage officer issues an abridged civil union certificate on the day. It is recorded in the National Population Register.

What You Receive

An abridged civil union certificate is issued on the day of registration.

An unabridged certificate – required for overseas use, immigration, visa applications, or apostille – takes 6 to 8 weeks and must be applied for separately at any DHA office. See the unabridged marriage certificate guide for how to apply.

If your civil union is not appearing on the DHA system, see the marriage not registered guide.

Legal Consequences

A registered civil union carries the same legal consequences as any other marriage in South Africa:

  • Automatic in community of property unless an antenuptial contract (ANC) is signed before the ceremony
  • Both partners acquire the right to inherit intestate from each other
  • Both partners can be listed as dependants on each other’s medical aid and insurance
  • Either partner can change their surname after the civil union
  • Both partners are recognised as each other’s next of kin for medical and legal purposes
  • Both partners have equal parental rights and responsibilities over children born of or adopted into the union

Matrimonial property: If you do not want to be married in community of property, sign an antenuptial contract with a notary before the ceremony. Once married, you cannot change your matrimonial property regime without a court order under Section 21 of the Matrimonial Property Act.

Changing Your Surname After a Civil Union

Either partner in a civil union may:

  • Assume the other partner’s surname
  • Create a double-barrelled surname
  • Keep their own surname

This is a notification to DHA – not a formal name change application. No Government Gazette publication, no Director-General approval, no R325 fee. See the name change after marriage guide for the full process.

Known DHA problem: Some DHA offices have incorrectly refused surname changes for civil union partners, claiming the Civil Union Act does not permit this. This is wrong. The right to change your surname after a civil union is identical to that after a civil marriage. If a DHA office refuses, reference the Civil Union Act 17 of 2006 and escalate to the DHA Contact Centre on 0800 60 11 90 or hacc@dha.gov.za. If DHA continues to refuse, contact the South African Human Rights Commission.

If you want to change a child’s surname, see how to change a minor’s name.

Children in a Civil Union

Adoption: Spouses in a civil union have the same adoption rights as spouses in a civil marriage under the Children’s Act 38 of 2005. Both partners are recognised as legal parents of a child adopted jointly. The adoption process goes through the Department of Social Development and the Children’s Court – not DHA. DHA’s role is to issue the child’s birth certificate once the adoption is finalised.

Birth certificate for an adopted child: Once a court adoption order is granted, register the adoption at DHA using Form DHA-24. The child’s birth certificate will be updated to reflect both adoptive parents. See the birth certificate for adopted child guide.

Children born via surrogacy: A child born via a confirmed surrogacy agreement is registered at DHA in the names of the commissioning parents, who are treated as the legal parents from birth. Both partners in a civil union can be listed as commissioning parents.

Parental rights: Both partners in a registered civil union have full and equal parental rights and responsibilities under the Children’s Act. This is not a DHA matter – it is relevant if the relationship dissolves and custody becomes disputed.

When a Partner Dies

Step 1 – Report the death to DHA The death must be reported to DHA within 72 hours. DHA issues a death certificate.

Step 2 – Obtain your civil union certificate The surviving partner presents the civil union certificate to the Master of the High Court as proof of marriage when dealing with the deceased estate. The surviving partner has the same rights as any surviving spouse – including intestate inheritance, pension fund benefits, and medical aid continuation.

Step 3 – DHA updates the Population Register Once the death is registered, DHA updates the National Population Register. The surviving partner’s marital status changes to widowed.

Divorce from a Civil Union

A civil union is dissolved by a court order under the Divorce Act 70 of 1979 – the same law that applies to civil marriages. You cannot simply separate.

The court considers division of the joint estate, forfeiture of benefits, maintenance, and children’s arrangements.

Once the divorce order is granted, DHA updates the National Population Register. Either partner can then notify DHA of a surname reversion using the divorce decree and civil union certificate. See the name change after marriage guide for the surname reversion process.

If a Marriage Officer Refuses

Since the 2020 amendment, a refusal is unlawful. If a Home Affairs marriage officer or magistrate refuses to conduct your civil union:

  1. Ask for the refusal in writing and the officer’s name and DHA office
  2. Report immediately to the DHA Contact Centre – 0800 60 11 90 or hacc@dha.gov.za
  3. Request that a different officer be assigned at the same office
  4. If DHA fails to act, lodge a complaint with the South African Human Rights Commission at sahrc.org.za

Keep a record of everything – date, time, officer’s name, what was said.

Civil Union Certificate Apostille

If you need your civil union certificate recognised abroad – for immigration, visa applications, property transactions, or overseas institutions – you will need an apostille.

The process:

  1. Obtain your unabridged civil union certificate from DHA (6 to 8 weeks)
  2. Submit it to DIRCO (Department of International Relations and Cooperation) for apostille
  3. DIRCO stamps the apostille, which authenticates the DHA certificate for international use

See the marriage certificate apostille guide for the full process.

Foreign Same-Sex Marriages – Recognition in South Africa

South Africa generally recognises foreign same-sex marriages under private international law, provided:

  • The marriage was validly concluded in the country where it took place
  • Both parties complied with the law of that country at the time

If you are both now domiciled in South Africa and your foreign same-sex marriage is recognised, you do not need to re-register your marriage under the Civil Union Act. Your foreign marriage certificate – apostilled and translated if necessary – serves as proof of your marriage for DHA, banks, pension funds, and the Master of the High Court.

Seek legal advice if you need formal confirmation, particularly for property, inheritance, or spouse visa applications. Some countries that do not recognise same-sex marriages may treat a South African civil union certificate differently – check the legal position in your destination country before travel.

To check whether your foreign marriage is on the DHA system, use the marital status check guide.

The Draft Marriage Bill – What to Watch

The Marriage Bill B43-2023, introduced by the then Minister of Home Affairs on 13 December 2023, proposes to consolidate the Marriage Act, Civil Union Act, and Recognition of Customary Marriages Act into a single piece of legislation.

If passed, civil unions and civil marriages would be registered under the same framework. The Bill is still under parliamentary review and has not been signed into law. The Civil Union Act remains fully in force.

Monitor dha.gov.za for updates.

Frequently Asked Questions

Can we get married at a venue that is not a DHA office? Yes, if a designated marriage officer is willing to conduct the ceremony at your chosen venue. Many civil and religious marriage officers conduct ceremonies at private venues. The marriage officer is responsible for submitting the paperwork to DHA within three months of the ceremony.

Can two foreign nationals register a civil union in South Africa? Yes, provided both meet the requirements and neither is already married or in a civil union. Both will need a DHA marriage interview, valid passports, and letters of non-impediment from their respective embassies.

What happens to my civil union if I emigrate? Your South African civil union remains registered in SA. Whether it is recognised in your destination country depends on that country’s law. Some countries do not recognise same-sex marriages. Obtain an apostilled unabridged certificate before emigrating. See the marriage certificate apostille guide.

We registered a civil partnership, not a civil union marriage. Do we have the same rights? Yes. Civil partnerships and civil union marriages under the Civil Union Act have identical legal consequences. The only difference is the wording on the certificate.

We have been in a same-sex relationship for years without registering. Do we have any legal rights? An unregistered same-sex relationship – even a long-term domestic partnership – does not carry the same automatic legal rights as a registered civil union. You do not automatically inherit from each other, you are not automatically next of kin, and you cannot claim spousal pension benefits without a registered union. Register your civil union to protect both partners.

DHA says our civil union is not on their system. What do we do? See the marriage not registered guide. If your marriage officer submitted the paperwork but DHA has not captured it, start there.

Can I list my civil union partner as a dependent on my medical aid? Yes. A registered civil union partner has the same status as a spouse for medical aid purposes.

Contact Details

DHA Contact Centre0800 60 11 90
DHA Emailhacc@dha.gov.za
Appointment bookingservices.dha.gov.za
SA Human Rights Commissionsahrc.org.za

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