Changing a Child’s Surname in Serbia: Legal Guidelines

In Serbia, changing a child’s surname involves specific legal procedures. This article explains the process and the legal grounds for making such a change. If you are a foreign father seeking to change your child’s surname to match the one on your second passport, it’s important to understand the legal framework surrounding surname changes.

Legal Basis for Changing a Child’s Surname in Serbia

According to the Family Law of Serbia (“Official Gazette of RS”, No. 18/2005, 72/2011 – other law, and 6/2015), every individual has the right to a personal name, which includes a first name and surname. The registry enters this name into the birth record. The law then outlines how a personal name can change under specific circumstances.

Article 344 of the Family Law states that parents have the right to choose their child’s name. However, the chosen name must not be derogatory, offensive, or contrary to customs and beliefs. Meanwhile, Article 345 clarifies that parents decide on their child’s surname. It can be based on one or both parents’ surnames, ensuring there are no differences between siblings.

When Can a Child’s Surname Be Changed?

Article 349 of the Family Law specifies the two main situations under which a child’s surname can be changed:

1. Determining or disputing maternity or paternity.
2. The custodial authority can change the surname if the parents are deceased, unknown, or unable to agree on the surname.

The Law on Registry Books (“Official Gazette of RS”, No. 20/2009, 145/2014, and 47/2018) emphasizes that the registry books are official records. These documents include births, marriages, deaths, and other legally relevant changes. The birth registry records important details such as the child’s name, date of birth, citizenship, and parents’ information.

Procedure for Changing a Child’s Surname

According to the Instructions on Maintaining Registry Books and Registry Book Forms (“Official Gazette of RS”, No. 93/2018 and 24/2022), if parents have different surnames, they must agree on the child’s surname. This decision is recorded according to the law governing administrative procedures. If parents cannot agree, the custodial authority will make the final decision. The surname chosen by the authority will be entered into the birth registry with a note of the decision.

Can the Father’s Request for a Name Change Be Approved?

In the specific scenario where a foreign father wants to change the child’s surname to match the surname on his second passport, the legal conditions outlined in Article 349 do not apply. This request doesn’t involve determining or disputing maternity or paternity, nor does it relate to a decision made by the custodial authority. Therefore, there is no legal basis to change the child’s surname in this case.

Legal Grounds for Surname Changes in Serbia

Serbia’s legal framework clearly defines the conditions that allow for a child’s surname to be changed. In this case, the father’s request to change the surname based on his second passport doesn’t meet the legal requirements set forth by Serbian law. As a result, there is no legal ground for changing the child’s surname.

For further clarification or personalized legal assistance, contact Stojković Attorneys (AK STATT). Our experienced legal team is ready to guide you through the complexities of Serbian family law, including surname changes and other related matters.