Change of family or first name in Bosnia and Herzegovina – engagement of the Law Office

Procedure for changing the first / family name in Bosnia and Herzegovina Entity laws give everyone the opportunity to change their name (full name, first name or just family name). First name / family name can be changed in any case, regardless of the reason for changing the name.

Article 14
The request to change the personal name must contain the personal name requested.
The request for a change of personal name is accompanied by:

Exceptionally, if the first and family name in the Birth certificate of a foreign body do not contain letters that exist in the official languages and alphabets of the Federation (č, ć, dž, š, ž, etc.), and the party wants the first and family name to be entered according to the rules of our language and alphabet – in that case a request is submitted for a change of the first and family name according to the rules of our language and alphabet, accompanied by:

1. A certified statement on the change of the personal name according to the rules of the official language and alphabet of the Federation and
2. Birth certificate and Certificate of citizenship of the applicant.

Article 15
The request for a change of personal name is decided by the cantonal ministry of the interior according to the place of residence of the applicant.
The request for change of personal name can be submitted through an attorney.
If the request is submitted through an attorney, it must be accompanied by a statement of the applicant stating the name that will be used in legal transactions in the future.
The statement referred to in paragraph 3 of this Article must be certified by the competent authority.
The provisions of the Law on Administrative Procedure (“Official Gazette of the Federation of BiH”, No. 2/98 and 48/99) shall apply to resolving requests referred to in paragraph 1 of this Article in relation to issues not regulated by this Law.

Article 16
A change of personal name or only the first name or family name shalll not be granted to a person against whom proceedings are being conducted, or to a person convicted of a criminal offense until the sentence has been served, or for the legal consequences of the conviction, to a person wanted internationally, as well as to a person who is found to have submitted the request in order to avoid obligations determined by an act of the competent bodies.
In order to establish the facts referred to in paragraph 1 of this Article, the competent body conducting the ex officio procedure shall perform appropriate checks in its official records and in the records kept by the prosecutor’s office, as well as verification through Interpol.

Article 17
The decision on changing the personal name shall be delivered immediately after the finality to the registrar for the person who has changed the personal name, to the registrar who keeps the register of births for the child of the person who has changed the personal name, to the body that keeps records of citizens on the basis of registration in the births register and to other bodies responsible for keeping records of citizens kept in accordance with special regulations, and include information that has been changed in the procedure in accordance with this law.
A person who has been granted a change of personal name may not submit a new request for a change of personal name within five years from the date of registration of the changed personal name in the registers, unless otherwise prescribed by a special law.
A person who has changed his/her personal name or only first or only family name is obliged to submit a request for replacement of identity documents (identity card, travel document, driver’s license and other documents) to the competent body.

Article 18
An appeal against the decision rendered in the procedure of changing the personal name as well as the decision referred to in Article 17 of this Law may be filed with the Federal Ministry of the Interior (hereinafter: the Federal Ministry) within 15 days from the date of receipt.
The request to change the personal name must contain the personal name requested. There is also a section for describing the reasons why a person applies for a change of personal name, but it is filled in detail only during detailed elaborations in complicated cases.
When it comes to the reasons for changing the family name, in about 80 percent of cases it is about returning the maiden name due to the expiration of six months after the divorce judgment becomes final (because within the first six months of the divorce judgment the family name can be returned to the one used before the marriage by a written statement given to the registrar at the place of birth, and after the expiration of six months, only in the procedure of changing the family name and before the competent Ministry of the Interior), in about five percent of cases, younger adults of both sexes submit requests to change the name from their old-fashioned names to the so-called modern names or due to the change of only one letter in the name usually specific to the English alphabet (x, y, q or w), in about ten percent of cases people submit requests to change the family name to match the family name with the parent’s family name (Kovačević to Kovač, etc…), and in about ten percent of cases the persons do not declare themselves in detail, and as the reason they state personal wishes and the like.
The procedure of changing the personal name, or only the first name or only the family name, involves addressing the competent body (Administrative department) with a request to change the name and the following attachments:
- birth certificate;
- certificate of citizenship;
- marriage certificate for persons who have entered the marriage;
- a certificate from the competent tax authority (tax office) that the person has no outstanding tax liabilities to the Federation of Bosnia and Herzegovina;
- a certificate from the competent customs authority that the person has no outstanding obligations based on customs and indirect taxes, and 8 KM fee.
- a certified copy of a valid ID card;
- a certificate of residence;
- a certificate from the competent court of the place of residence that no criminal proceedings have been instituted against the person;
The procedure on the said request lasts for about a month or longer, because it is necessary to perform additional checks aimed at proving that the person who is the applicant does not change his/her personal name in order to avoid the obligations provided by law.
After satisfying the request, the applicant shall be served with a decision on changing the personal name, and the applicant has 15 days to act on the decision, that is, change all documents, as provided by Article 17, paragraph 3 of the said Law.

When is it not possible to change the first or family name in Bosnia and Herzegovina?
A change of first or family name shall not be granted to a person against whom criminal proceedings are being conducted, or to a person convicted of a criminal offense until the sentence has been served, or for the duration of the legal consequences of the conviction, to a person wanted internationally, nor to a person for whom it is determined that the request was submitted in order to avoid the obligations determined by an act of the competent bodies.

Decision on changing the first or family name in Bosnia and Herzegovina?
The decision on changing the first name / family name shall be delivered immediately after the finality to the registrar who registers the first name/ family name, to the registrar who registers the fact of birth for the child of the person who has changed the personal name, to the authority which keeps records of citizens on the basis of registration in the birth register and to other bodies responsible for keeping records of citizens in accordance with special regulations, and includes data that have been changed in the procedure in accordance with this Law.
A person who has been granted a change of first / family name may not submit a new request for a change of personal name within 5 (five) years from the date of registration of the changed personal name in the registers, unless otherwise provided by special law.

Change of personal documents (identity cards, travel documents)
Of course, with the change of personal name within the registry books, it will be necessary to replace all those personal documents with the old personal name. A person who has changed his/her personal name or only his/her first or family name is obliged to submit a request for replacement of personal documents (identity card, travel document, driver's license and other documents) to the competent authority within 15 days from the date of registration of the change in the registers.
If the person who has changed the personal name or only the first name or the family name does not submit the request within that period, the competent ministry will annul the decision having approved the change.
Changing family names or first names in BiH is also possible based on the recognition of a foreign court decision for persons who live abroad and have changed their family name abroad, as well as by entering a marriage abroad that has not been registered in BiH, you can read more on this topic at the link: Recognition of a foreign decision on divorce, Recognition of a decision on a change of family name, and Registration of marriage in Bosnia and Herzegovina.