Release from Serbian citizenship is a statutory procedure through which a Serbian citizen can request termination of citizenship. It is commonly considered where another state requires applicants to give up their existing citizenship. Before applying, check whether that state actually requires release, what evidence it accepts and how long any assurance of admission remains valid.
Legally reviewed: 5 November 2026. This article is based on the Law on Citizenship of the Republic of Serbia (Official Gazette of the Republic of Serbia, Nos. 135/2004, 90/2007 and 24/2018). Legislative proposals are not presented as rules in force.
Requirements for release from Serbian citizenship
Under Article 28, an applicant must submit a request and satisfy the following conditions:
- be at least 18 years old;
- have no impediments concerning military obligations;
- have settled taxes and other statutory obligations in Serbia;
- have settled property obligations arising from marriage and parent–child relationships towards persons living in Serbia;
- not be subject in Serbia to criminal proceedings for offences prosecuted ex officio; if sentenced to imprisonment in Serbia, have served that sentence;
- hold foreign citizenship or provide evidence that they will be admitted to foreign citizenship.
The military-obligation requirement should not be described as an absolute requirement that every applicant must first complete military service. The applicant’s military registration and applicable obligations need to be checked individually.
Meeting these conditions does not guarantee approval. The Law also provides refusal grounds concerning security, defence, reciprocity, economic interests and other interests of the Republic of Serbia. Release is unavailable during a state of war, imminent danger of war or a state of emergency.
Release of a minor child
A parent applying for their own release may include a child under 18 in the same application. The other parent’s consent is required, together with the child’s own consent if the child is older than 14. Evidence of foreign citizenship or future admission must also be considered for the child.
If the parents are divorced, the application for the child may be made by the parent entrusted with the child’s care and upbringing by a final court judgment. This does not create an unrestricted exemption from obtaining the other parent’s consent. If the other parent refuses consent, their domicile is unknown, or they have been deprived of legal capacity or parental rights, the statutory exception requires the competent guardianship authority’s opinion that release serves the child’s interests.
Complete adoption is subject to additional rules under Article 31, including protection against leaving the child stateless.
Where to apply and which documents are needed
An application is submitted to the competent internal affairs authority according to the applicant’s domicile or place of stay. It may also be submitted through the competent Serbian diplomatic or consular mission. Applications may be filed personally or through an authorised representative. The Ministry of the Interior decides on release; representation does not remove requirements for personal declarations, consent or personal service where applicable.
The basic documentation includes the application form, identification, birth and Serbian citizenship records, proof of foreign citizenship or an assurance of future admission, and evidence of payment of the fee. The authority also checks the remaining statutory conditions. Children and particular family circumstances require additional records and consents.
Information held in Serbian official registers is obtained ex officio in accordance with the applicable procedural rules. Confirm the document list with the receiving authority: the requirements also depend on the applicant’s circumstances and the issuing country. One consulate’s local checklist is not a universal rule for every application.
Foreign documents, authentication and translation
Depending on the issuing country, document type and applicable treaty, a document may require an Apostille, full legalisation or no legalisation. An Apostille is not required for every foreign document. Where a Serbian translation is needed, check the accepted form and certification. A translation may be prepared abroad or in Serbia subject to the applicable requirements; there is no general rule requiring every translation to be produced exclusively in Serbia.
When does Serbian citizenship cease?
Under Article 37, citizenship ceases on the date the release decision is served. Article 43 requires mandatory personal service. Legally effective service is decisive; loss of citizenship should not be described as occurring only when the decision is physically collected at a consulate. The service date and method must be checked in the particular case.
What if foreign citizenship is not acquired?
An assurance of future admission is different from citizenship already acquired. Under Article 32, if a released person does not acquire foreign citizenship within one year from the date the release decision was made and remains stateless, the authority that issued the decision must annul it upon that person’s written request. The request must be submitted within three months after the one-year period expires.
This safeguard requires timely action. It does not provide automatic restoration and does not justify a promise that a person can never experience a period of statelessness.
Release, renunciation and reacquisition
Renunciation is a separate legal procedure. An adult Serbian citizen who was born and lives abroad and also holds foreign citizenship may renounce Serbian citizenship before their 25th birthday, subject to the prescribed procedure. Renunciation and release are not interchangeable terms.
Article 34 permits reacquisition by a person who was released from Serbian citizenship and acquired foreign citizenship, or whose Serbian citizenship ceased through release or renunciation at their parents’ request. The applicant must apply, be at least 18, not have been deprived of legal capacity, and declare in writing that they consider Serbia their state. A person who personally renounced citizenship as an adult does not automatically fall within this ground; any alternative basis must be assessed separately.
See our articles on admission to Serbian citizenship and the guide to release, renunciation and admission. For document review and representation, contact Petrović Mojsić & Partners.
Legislation and official sources
- Serbian Citizenship Law (Serbian), particularly Articles 28–34, 37, 39 and 41–43.
- Serbian Ministry of Foreign Affairs – citizenship.
- Serbian Ministry of Foreign Affairs – authentication and translations.
Author: Attorney at law Damir Petrović · Petrović Mojsić & Partners.
This article provides general information and does not constitute advice on an individual case.
See also: documents and practical steps for release from Serbian citizenship.