OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / PRISTINA: YEAR III / NO. 35 / 15 AUGUST 2008

LAW NO. 02/L-118

ON PERSONAL NAMES

The Kosovo Assembly,

Pursuant to Chapter 5.1 and 9.1.26 (a) of the Constitutional Framework on Provisional Self-Government
in Kosovo (UNMIK Regulation Nr. 2001/9 of 15 May 2001),

For the purpose of establishing legal provisions on Personal Names,

Hereby adopts:

THWE LAW ON PERSONAL NAMES

Chapter I
GENERAL PROVISIONS

Article 1
Purpose

This Law shall regulate the meaning, composition, procedure and manner for determining and using the
(personal) name, as well as conditions for changing and correcting citizens’ names in Kosovo
(hereinafter: citizens).

Article 2
Definitions

Personal name – shall mean the name and surname of a Kosovo citizen.

Citizen – shall mean a permanent resident of Kosovo.

Legal communication – shall mean entirety of legal norms which regulate the correspondence between
administrative body and governmental authorities with citizens, including here every other action which
has legal outcomes.

Civil Registry – shall mean the book in where data on the civil status of persons are kept, that deal
concerning records of all births, marriages, deaths and other data that result from them.


Article 3
Personal name

3.1. A personal name shall guarantee and protect citizen’s identity, personality and dignity.

3.2. The name is citizen’s right and shall be used for identification and distinction of persons.

3.3. The citizen shall be obliged to use his/her personal name in legal communication.

3.4. The right of assigning a personal name may be restricted, if that is deemed necessary to protect the
moral, rights and freedoms of other persons or the person himself.


Article 4
Composition of personal name

4.1 The personal name shall consist of the name and surname.
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4.2 Either the name or surname may consist of more than one word which makes up the entirety of the
name.

4.3 A person under Paragraph 2 of this Article shall be obliged to use his/her complete name in legal
communication.


Article 5
Acquisition of the personal name

The personal name shall be acquired by registering it in the relevant civil registry of the given place of birth.


Article 6
Use of language for the personal name

6.1 A citizen’s personal name shall be registered in the relevant civil registry in his/her native language,
except cases when he/she decides chooses any other official language in Kosovo.

6.2 For cases under Paragraph 1 of this Article, the writing used in the official language shall not modify
the form of the personal name used in the original language.


Article 7
Designation of a child’s personal name

7.1 It is the parents who shall name the child or authorized persons, in accordance with the Family Law.

7.2 A of child shall be named by common consent of parents.

7.3 If one of the parents is unknown, is not alive, or is not capable of fulfilling parental rights, the child shall
be named by the other parent.

7.4 The child’s surname shall be regulated in accordance with the Family Law.

7.5 If parents of a child are not alive, or are not capable of fulfilling parental obligations, the personal
name, such a child shall be named by the person who has guardianship over the child, by mutual consent
of the competent social welfare authority.

7.6 In the case of an abandoned child, the competent legal guardian shall name the child.


Article 8
Assigning the name of a child whose parents have not reached agreement

8.1 If parents have not named a child within the time set down in Article 9, Paragraph 2 this Law, because
they have not reached an agreement, the guardianship authority shall assist them to reach an agreement to
name the child.

8.2 If parents cannot reach an agreement about the name of the child, then the guardianship authority
shall name the child.


Article 9

Registration of personal names

9.1 A personal name shall be registered in the relevant civil registry of the competent authority at the
place of birth.
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9.2 Registration at the competent authority shall be done within thirty ((30) days time limit upon the child’s
birth.

9.3 Parents or legal persons authorized by this law are obliged to make a request within 15 days time limit
upon the birth to register the child’s name.

9.4 The personal name in the relevant civil registry and other public documents shall be written in letters
and signs determined by the applicable law in Kosovo.


Chapter II
CORRECTION AND CHANGE OF THE PERSONAL NAME

Article 10

Citizens are entitled to correct and change their personal names.


Article 11
Modes for correcting personal names

11.1 In cases when mistakes have been made in civil registries while registering the personal name, the
citizen is entitled to correct the name at his/her birth place where the civil registry is kept.

11.2 A juvenile citizen may correct his/her personal name in accordance with the request made by the
legal representative or by the authorized representative.

11.3 Correction may not change the meaning and content of the personal name.


Article 12
Modes for changing personal names

A citizen of legal age may change the personal name upon his/her request.


Article 13

The change of the personal name during the adoption process shall be done pursuant to provisions of the
Family Law.


Article 14

The change of surname during matrimonial ceremony shall be done in accordance with provisions of the
Family Law.


Article 15
Surname in the marriage ceremony involving a foreigner

If a citizen of Kosovo, who has been approved permanent residence in the foreign country, solemnizes
his/her marriage before authorities of that country with a citizen such a country, then he/she shall use that
surname in Kosovo in the way and manner as used in the spouse’s country, in harmony with applicable
rules of that country and Article 4.3 of this Law.


Article 16
Alteration of surname after the divorce
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16.1 After the divorce, the separated partners may keep the surname chosen at the marriage ceremony.

16.2 The spouse who has changed the surname during the marriage ceremony, upon the dissolution of
marriage may take again his/her previous surname.



Article 17
Procedure for alteration of personal names based on a request

17.1. The person who files a request to change his/her personal name shall attach a certificate proving that
no investigation is conducted against him/her.

17.2. Requests for changing personal names shall be decided by the competent authority of the place of
residence where the request is made.

17.3. The decision for changing the personal name shall be forwarded to the Civil Registry Office, where
the birth was registered, namely where marital parties have concluded their marriage.

17.4 The holder of the name to be changed is obliged to take the necessary action to have the name
change reflected in personal documents including in the identity card and in the travel document . the
Civil registry will forward the name change to the relevant authorities.


Article 18
Obstacles for changing personal names

18.1. A citizen against whom a legal proceedings is carried out for any criminal act, because of which
he/she is officially prosecuted or has been sentenced for a criminal act while the sentence was not yet
executed, or while legal consequences of such a sentence are still present, or the person who is
confirmed to have filed a request to avoid liabilities set down by the law, shall not be allowed to change
his/her personal name.

18.2. If a citizen’s personal name has been erroneously changed, against whom a criminal proceeding is
being conducted for any criminal act, the Civil Registry Office shall, within three days time limit upon the
approval of such change, notify the court where the criminal proceeding is being conducted.

18.3 The Civil Registration Office may request the Court and the Prosecutor’s Office to verify authenticity
of the data submitted by the applicant with respect to the documents under Article 17 of this Law.

18.4. If at the request of a party, the personal name has been changed through an administrative
procedure of a civil registry authority, by the same procedure the party shall not be allowed, for the next 5
years, to change again his/her personal name by that civil registry authority.


Article 19
Change of a juvenile’s personal name based on a request

19.1 A juvenile may change his/her personal name upon the request of his/her legal representative. If the
change of the name is asked by the guardianship body, then the competent social welfare institution shall
also give the approval, whereby the child’s interest must highly be observed.

19.2 The personal name of a juvenile over the age of ten (10) may only be made by his approval, except
cases when the child is mentally retarded.

19.3. In cases when parents are separated, the parent who the child lives with may ask to change the
child’s name, namely the parent to whom the child has been entrusted guardianship and education, if the
other parent agrees about this.

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19.4. If the other parent does not agree about the change of the child’s name, the social welfare institution
shall help them to reach an agreement concerning the change of the name.

19.5 Approval of the other parent shall not be required if his/her place of residence is unknown or the
parent has been deprived of such action or has lost the right of parenthood.


Article 20
Validity and registration of the change of name

20.1 Change of the name, due to the change of legal relations in the family is valid from the date when
the statement has been given, respectively the date when the decision by the competent authority was
made.

20.2 Change of personal name shall be registered in the relevant civil registry within five (5) days from the
moment when approval for the change was announced.

20.3 The holder of the name to be changed is obliged to take the necessary action to have the name
change reflected in personal documents including in the identity card and in a travel document. The civil
registry will forward the name change to the relevant authorities.



Article 21
Supervision

The Ministry of Internal Affairs Supervision shall supervise implementation of provisions that come out of
this Law.


Article 22
Administrative Sanctions

The citizen who uses his/her personal name contrary to the rules of Article 3, Paragraph 2 of this law,
shall pay a fine of 200 Euros.


Article 23

Every parent that does not notify the personal name of the child within the time set in Paragraph 2 of
Article 9 of this law shall pay a fine of 100 Euros.


Article 24

All incomes accrued by such Administrative sanctions shall be deposited in the Kosovo Consolidated
Budget.


Chapter III
TRANSITIONAL AND FINAL PROVISIONS



Article 25

Upon the entry of this Law into force, it shall supersede any other provision which is inconsistent with it.

Entry into Force
Article 26
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This law shall enter into force upon the approval by the Kosovo Assembly and its promulgation by the
Special Representative of Secretary General.



UNMIK/2008/11
22.02.2008