PRAVO DETETA NA IME I GRANICE RODITELjSKE AUTONOMIJE

Abstract

The right of the child to a name constitutes a pivotal element in the establishment of a child's identity, a process initiated immediately upon birth. This entitlement, in essence, serves as a more specific manifestation of the right to identity as enshrined in Article 64 of the Constitution of the Republic of Serbia and Article 7 of the United Nations Convention on the Rights of the Child. Simultaneously, it entails the responsibility of parents to collaboratively and consensually determine the child's given and family name, with a significant degree of autonomy granted to them. However, it is important to note that this autonomy, though substantial within the realm of parental rights, is subject to appropriate constraints. The approach adopted by various states in regulating parental authority concerning the selection of a child's name has led to the development of divergent systems within the broader European legal framework. This paper undertakes an examination of the parameters that limit parental autonomy as prescribed by national legislation, guided by the principles of the best interests of the child, which should be the paramount consideration of parents, and the principle of participation, which is exemplified by the child's right to express an opinion during later stages of development. Furthermore, the principle of non-discrimination necessitates the avoidance of automatic determination of the child's family name solely based on one parent's surname in cases where the parents' surnames differ.