Another new surname with an “X” will be added to the Residents’ Register of the Republic of Lithuania

On 22 March 2021, the District Court of Vilnius City issued a decision that obliged the Civil Registry Office (CMS) to register the births of the minor children of a citizen of the Republic of Lithuania, keeping the original spelling of their surname “Da Silva Xavier”. The decision has already become final. 

The applicants stated that they got married in Lithuania in 2015. The applicants’ surname on their marriage certificate is recorded as “Da Silva Xavier”. It should be noted that the applicant’s Lithuanian passport also shows her surname with the letter “x”. The documents in the case file showed that two children were born to the applicants during their residency in Ireland. The applicants gave their children the surname “Da Silva Xavier”. In 2021, they submitted a request to the CMS of the Vilnius City Municipality Administration to register the birth of their children in Lithuania, with the children’s original surname. The CMS refused to do so, stating that the children’s surname could be “Ksavier” and that this would be considered as a graphic version of the surname “Xavier”. In the present case, the applicants noted that they would not be satisfied with the option proposed by CMS to enter “ks” instead of “x”: such an entry would create practical problems in identifying family members and determining their relationship. Thus, in the present case, the applicants have identified practical difficulties which may justify an exception.

In the above-mentioned decision of the District Court of Vilnius City, after analysing the case law of international courts, the court stated that the use of one’s name and surname is an integral part of the right to private and family life, and that interference by the State in this respect by prohibiting the original spelling of a person’s name and surname may only be carried out when it is a proportionate means of achieving legitimate aims. The right to private and family life is also protected by Article 22 of the Constitution of the Republic of Lithuania, according to which a person’s private life shall be inviolable, and the law and the court shall ensure that no one is subjected to arbitrary or unlawful interference with his or her private and family life. The Court also noted that the use of one’s name and surname as a right to private and family life is also widely recognized in the international law.

The Court acknowledged that the refusal to register and issue a birth registration in the original surname of “Da Silva Xavier” would cause administrative, personal and professional inconvenience in proving the identities of the children and the authenticity of the documents produced, and would also cause possible difficulties in the future with regard to the legal relations of succession.

In the Court’s opinion, the prohibition of the entry of the surname with the letter “x” is disproportionate to the inconvenience that the applicants would experience if the applicants’ children were not entered in the birth registers under their original surname. The prohibition would also lead to a violation of the principle of the inviolability of private and family life and a violation of the right to a name (Article 2.20 of the Civil Code of the Republic of Lithuania). In reaching its decision, the Court also took into account the fact that the great number of Lithuanian citizens with surnames with the letter “x” is registered with the Population Register of the Republic of Lithuania, which does not lead to any negative consequences. 

The Court, taking into account the circumstances indicated by the applicants, the practice of national and international courts and the position of the State Commission for the Lithuanian Language that some exceptions are possible, and one of them is that the surnames of citizens of the Republic of Lithuania who enter into a marriage with citizens of a foreign state and take their surnames may be written in Latin letters, the Court finds that the current situation does not comply with the principle of fairness and is disproportionate in regard to the possible consequences which the applicants would face if different surnames for their spouses and children were recorded.

The European Foundation of Human Rights (EFHR) provides legal assistance to people facing the problem of the original spelling of their names and surnames in personal documents. Legal assistance is provided by EFHR lawyers and attorneys from well-known law firms cooperating with the Foundation. Legal assistance includes advice, drafting of documents and representation in courts. If you are interested, please register by email info@efhr.eu , phone + (370) 691 50 822.