Legal Steps for Establishing Family Relation and Name Change in Serbia

Introduction to the Legal Issue

Establishing a family relation between two individuals can become complicated when a deceased person changes their name during their lifetime, and the relevant authorities lack the documentation to confirm this change. In this case, civil registry officials refused to record the original name and surname of a deceased woman in her son’s birth certificate. This refusal created legal complications. This article explores the steps the son and grandson can take to establish their family connection and secure the necessary documentation in the civil records.

Legal Framework: The Right to a Personal Name and Name Change

The Family Law of the Republic of Serbia (“Official Gazette of RS”, Nos. 18/2005, 72/2011 – other law, and 6/2015) outlines every individual’s right to a personal name, which includes a first name and surname, and requires registration in the birth register. The law also governs the right to change a personal name. Anyone aged 15 or older, capable of reasoning, can request a name change. They submit this request to the municipal administration, which then informs the registrar to update the civil records.

Civil Records as Primary Official Evidence

The Law on Civil Records (“Official Gazette of RS”, Nos. 20/2009, 145/2014, and 47/2018) defines civil records as the primary official evidence of a person’s status. These records document facts such as birth, marriage, death, and other legally required details. Civil records exist in both electronic and paper formats, and all changes, including name changes, must be recorded in these books.

Legal Procedure for Establishing Family Relation

To establish a family relation, the son and grandson of the deceased can request a certificate from the authorized registrar that includes information about the deceased person’s name change. This request initiates an administrative procedure. The purpose of this procedure is to confirm the right to know one’s origin and the right to inherit.

Importance of Data Preservation in Civil Records

Civil records are maintained in both electronic and paper forms. They preserve all data, including any corrections, with the date and time of entry. Authorities should not claim they have no evidence of a name change made by the deceased. By law, civil records and the documents used for entries must be preserved for at least 100 years before they are transferred to the competent archive for permanent storage.

Conclusion

Given these legal provisions, the son and grandson have a solid basis to initiate an administrative procedure. They can establish their family relation and ensure the name change is recorded in the civil records. This process is crucial for documenting their origin and securing their inheritance rights.

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