Acquiring Serbian citizenship by descent, also known as ius sanguinis, is an important legal institute that allows individuals with Serbian roots to formalize their legal status as citizens of Serbia, even if they were not born on Serbian territory.
This process is regulated by the Law on Citizenship of the Republic of Serbia (hereinafter: the Law), which clearly defines the conditions, procedure, and required documentation for Serbian citizenship by descent.
The current legal system provides four basic ways to acquire citizenship of the Republic of Serbia:
- Descent;
- Birth on the territory of the Republic of Serbia;
- Naturalization;
- In accordance with international agreements.
However, the primary and most common path to becoming a Serbian citizen is Serbian citizenship by descent. In this guide, we explain who qualifies, how the procedure works, and what steps you need to follow to secure your Serbian passport.
Acquiring citizenship in this way is not just a legal process – it is an opportunity to reconnect with your family’s Serbian heritage and become part of a cultural identity that has spanned generations.
If we focus solely on acquiring citizenship in the Republic of Serbia by descent, this means that a person can obtain Serbian citizenship if they meet certain conditions related to their descent or affiliation with the Serbian people. This usually means that the person has a parent or ancestor who is a citizen of Serbia or originates from Serbia.
The process of acquiring citizenship involves submitting appropriate documentation that confirms affiliation with the Serbian people or descent from Serbia. These documents usually include birth certificates, proof of citizenship of parents or other ancestors, as well as other relevant evidence.
Who Is Eligible for Serbian Citizenship by Descent?
Children – Serbian Citizenship by Descent
Does my child automatically acquire citizenship if one parent is Serbian?
The Law defines several situations where a child (under 18) acquires Serbian citizenship by descent:
1. Both parents are Serbian citizens.
The child acquires Serbian citizenship at birth. Here, Serbian citizenship by descent is direct and undisputed.
2. One parent is Serbian, and the child is born in Serbia
The child acquires Serbian citizenship. This is also Serbian citizenship by descent, with place of birth as an additional element.
3. One parent is Serbian, the other is unknown/stateless, and the child is born abroad.
The child can still acquire citizenship; Serbian citizenship by descent applies, with additional checks.
For a child born abroad to one Serbian and one foreign parent, there are extra steps:
Registration before 18 (crucial for Serbian citizenship by descent)
The Serbian parent must register the child at a Serbian embassy/consulate before the child turns 18 and request entry into the citizenship registry.
Statelessness exception
If the child would otherwise be stateless, they acquire citizenship even if registration wasn’t done before 18. This is designed to ease Serbian citizenship by descent, where statelessness could occur.
Child’s consent (age 14+)
If the child is over 14, their consent is required. This applies even when the basis is Serbian citizenship by descent.
Practical example – Serbian citizenship by descent
Ana was born in Canada to a Serbian father and a Canadian mother. At 17, her father applied at the Serbian Consulate in Toronto to register her. The consulate confirmed the conditions and approved the request. Ana is now in the citizenship registry and enjoys all rights of a Serbian citizen, including study, healthcare, and unrestricted residence. This shows how Serbian citizenship by descent works for minors born abroad.
Adults – Serbian Citizenship by Descent
Adults born abroad can also obtain Serbian citizenship by descent, but with different deadlines and proof requirements.
If you are over 18, born abroad, and have one Serbian parent, you can acquire citizenship by applying to the competent Serbian authority before your 23rd birthday. Timelines matter – respecting deadlines is crucial for Serbian citizenship by descent as an adult applicant.
Submit your request for entry into the citizenship records before turning 23 (assuming you didn’t already obtain citizenship via another route). Otherwise, proving Serbian citizenship by descent can become more complex.
Adoptees – Serbian Citizenship by Descent
Adoptees can also acquire Serbian citizenship by descent. If the adoptee is a foreigner or stateless, citizenship is acquired under the rules for children born abroad – an important channel for Serbian citizenship by descent in adoption cases.
The adopter (a Serbian citizen) files the request. If the adoptee is over 18, apply before age 23. Again, deadlines are key to a successful Serbian citizenship by descent application.
Those who acquire citizenship by descent are considered citizens from birth, meaning rights and status are recognized retroactively. This retroactive effect is a unique advantage of Serbian citizenship by descent.
Am I Eligible for Serbian Citizenship by Descent?
In practice, it is common for people later in life, after discovering or revisiting their family connections with Serbian heritage, to become interested in the option of acquiring Serbian citizenship by descent.
If you are over 18 or even over 23 years old and believe there is no longer a legal basis to apply for Serbian citizenship, you may be pleasantly surprised by what follows.
The most favorable and accessible way to acquire Serbian citizenship by descent for all members of the Serbian nation and their descendants who view Serbia as their homeland is by proving an ethnic connection with Serbia. This route is often faster and more straightforward than many expect.
The procedure for Serbian citizenship by descent based on affiliation with the Serbian nation is particularly interesting because it does not require strictly prescribed documentation. Instead, it allows flexibility – you can use a wide variety of documents that serve as evidence of Serbian origin.
Applicants may submit personal documents of ancestors written in Serbian, family records, birth certificates, baptismal certificates, old photographs, letters, or other archival materials confirming their Serbian heritage and family ties. This flexibility enables applicants to gather relevant proof and present a fuller picture of their origins, which often makes the Serbian citizenship by descent process smoother and more successful.
The first and most important condition for acquiring Serbian citizenship by descent is, as the name suggests, Serbian origin. Applicants must prove that they identify as members of the Serbian nation. They also need to provide evidence that their ancestors identified as Serbs. Such proof is usually submitted in the form of public documents or other official civil records.
It is also essential to demonstrate direct kinship between the applicant and their Serbian ancestor in a straight line of descent. All these elements play a decisive role in successfully obtaining Serbian citizenship by descent.
Another significant advantage is that the right to Serbian citizenship by descent is available to foreigners even if they do not live in Serbia. This makes it possible to apply for citizenship through a legal representative without traveling to Serbia in person. For members of the Serbian diaspora, this option simplifies and accelerates the entire process of acquiring Serbian citizenship by descent from abroad.
Legal Requirements for Serbian Citizenship by Descent
Relevant provisions of Serbian law outline specific conditions that applicants must meet when applying for Serbian citizenship by descent:
1. Ethnic Connection
You must prove descent or affiliation with the Serbian nation through appropriate documentation such as birth certificates, family records, church books, or baptismal certificates. These documents confirm your Serbian lineage and form the foundation of your application for Serbian citizenship by descent.
2. Adulthood
The applicant must be legally an adult. If both parents acquired citizenship of the Republic of Serbia through naturalization, their child under 18 automatically acquires citizenship as well.
3. Legal Capacity
The applicant must not be deprived of legal capacity.
4. Declaration of Serbia as Homeland
The applicant must submit a written declaration confirming that they consider Serbia their homeland. This declaration serves as both a legal and emotional confirmation of belonging and is an important step in the Serbian citizenship by descent procedure.
Example: Reconnecting Through Serbian Citizenship by Descent
Marko Petrović, born in Australia, decided to apply for Serbian citizenship by descent through his affiliation with the Serbian nation. His grandparents, Milana and Jovan Petrović, originally from the former Yugoslavia, emigrated to Australia during the 1950s. The Petrović family maintained a strong connection with their cultural and national heritage, shown through their active involvement in the Serbian Orthodox Church.
Following the legal requirements of the Republic of Serbia, Marko gathered and submitted documents confirming his Serbian origin — including his grandparents’ birth and baptismal certificates and a written declaration stating that he considers Serbia his homeland.
Through this process, Marko formalized his legal status and reconnected with his ancestral roots. His case illustrates how Serbian citizenship by descent helps descendants of Serbian emigrants strengthen their cultural and family identity. While Marko’s application was processed through admission (naturalization), his children would typically qualify directly for Serbian citizenship by descent, since their Serbian origin is now formally established.
Former Yugoslav Citizens and Serbian Citizenship by Descent
The Law also highlights a specific category of people born in the countries of the former SFRY (Socialist Federal Republic of Yugoslavia) who held citizenship of that state or became citizens of successor states. This group includes individuals now living in Serbia as refugees, displaced persons, or those who have emigrated abroad.
For this category, the same requirements apply as for other members of the Serbian nation: adulthood, legal capacity, and a written declaration that the applicant considers Serbia their homeland.
It is important to understand that citizenship obtained through this affiliation is not retroactive. The person becomes a Serbian citizen from the date the naturalization decision is issued. This differs from Serbian citizenship by descent, which is recognized from birth, giving applicants retroactive rights and status as citizens of Serbia from the moment of their birth.
