Parent’s choice and the child’s right

A name forms a part of a child’s identity and personality. It also plays a crucial role in the child’s link to his/her family. Therefore, as a parent you have the right to freely choose your child’s name. The right to choose your child’s name is protected by the human right to a private and family life. 

At the same time your child has a right to have a name which is also protected by his/her right to a private and family life. 

A personal name also serves as a means of identification in legal transactions, so it is in the interest of the rule of law and legal certainty.

You may choose to give your child a family name which is either yours or that of the other parent or other. Both parents must mutually agree on the child’s given name and family name.

Restrictions on choice of the name

The choice of the name is subject to certain requirements and can be restricted in the interests of your child.

Requirements

The right to freely choose a personal name is only restricted as much as it is necessary to safeguard public safety, morals or rights and freedoms of others.

A child needs to be given a personal and a family name. Both names may consist of a word or words

example Only a letter “M” may not be chosen as a name.

The words that represent the names have to consist of letters set out in the regulated Set of Letters and Signs for Writing Personal and Foreign Geographical Names.

Best interests of the child

While choosing the name for a child, you should consider whether the particular name could have a negative effect on the child’s development, personality and relationship with others. 

If the administrative unit finds you have not chosen the child’s name in accordance with the above requirements and the chosen personal name could harm the interests of the child, it will warn you as the parents. If you do not change the name, it may contact the competent center for social work.

Disagreements

In Slovenia, if both parents cannot agree on a child’s name, center for social work will try to help them to reach an agreement. In they are unsuccessful, it will be decided by a court.

Resources

Last updated 30/04/2021