What does the amendment to the Civil Registration Act 2024 bring?

The amendment to Act No. 301/2000 Coll., on civil registers, names and surnames and on amendments to certain related acts, as amended (hereinafter referred to as the "Act on Civil Registers"), effective from 1 January 2024, has brought significant changes in the area of family law and has streamlined the civil registry agenda. The purpose of these amendments is to incorporate the findings of the civil registry practice and to implement the principles of protection of the right to family and private life as well as the principles of good administration.

The amendment to the Law on Civil Registry brings a number of important changes that will affect the processes of entering into marriage, registered partnerships and other related areas. In this article, we look at the key aspects of these innovations and their practical implications.

Simplifying the determination of parentage

One of the main objectives of the amendment is to simplify the process of establishing paternity and strengthen rights in this area. It will now be possible to establish paternity by a so-called triple agreement before a registry office or a Czech embassy. A triple agreement is a consensual declaration of the child's mother, the biological father and the mother's (former) husband, made in the event that the child is conceived between the time when the divorce proceedings are initiated and the 300th day after the dissolution of the marriage. The (former) husband declares that he is not the father of the child, while another man declares that he is the father of the child. This change will bring greater flexibility and certainty in cases where it is desirable to quickly determine the biological father of the child and also in cases where there is no dispute between the parties as to the determination of paternity.

Flexibility in the area of surname determination

Another important change is the strengthening of flexibility in surname issues. Spouses will now be able to declare, even after marriage, that one spouse's surname will be a joint surname or a surname to which the other spouse will add his or her existing surname. This innovation will allow a married couple to express their identity and join their surname after the marriage, if they have not already done so in the marriage ceremony.

Strengthening the rights of minors

The amendment strengthens the rights of minors in determining their name and surname. Children will now be able to decide independently to change their name from the age of 12. This amendment gives children from the age of 12 years greater control over their identity. The amendment reflects the need to respect the autonomy and rights of children in matters relating to their personal identity.

Changes to the registration of names and surnames

The Civil Registration Act now allows for the registration of diminutive and pet names. However, the law retains the prohibition of mangled names, specifically in section 62. The procedure in case of doubt about the existence or correct form of a name has also been clarified. The amendment has brought greater clarity and uniformity in the registration of personal data and facilitated the resolution of any disputes.

New possibilities for marriage

A very important novelty introduced by the amendment for the newlyweds is the possibility of getting married without the presence of a registrar, both in registry and non-registry municipalities. This is a positive step towards modernising and streamlining the civil registry process. With this change, the fiancés will be given more freedom in choosing the place of marriage and the way they will marry. Members of Parliament and Senators will now have the power to solemnise marriages if they agree with the fiancés. This innovation also contributes to greater flexibility regarding the choice of the place of marriage. It will be possible to enter into a registered partnership before any registry office, instead of the current 14 registry offices. Persons entering into a registered partnership will thus be able to apply to the registry office to enter into a registered partnership at any convenient place and time, similarly to marriage. Another novelty is the possibility of concluding a marriage or entering into a registered partnership in the language of a national minority, which strengthens respect for the diversity of cultures and languages in our society.

The amendment to the Civil Registry Act brings important changes in the area of family law. Simplification of the process of establishing paternity, flexibility in surname issues and strengthening the rights of minors are key aspects of this amendment. The amendment to the Civil Registry Act brings modernisation and updating of the legal framework in line with the needs and values of contemporary society.

Did you know that at ARROWS we also deal with family law? You are about to get married, you are thinking about a so-called prenuptial agreement, but you do not know how to do it? Or are you unfortunately facing a divorce and need legal representation?

Do not hesitate to contact us at any time. We will be happy to help you with your case and provide comprehensive legal services.

Denisa Konečná contributed to this article.