Comoros
A well developed and functioning civil registration system ensures the registration of all vital events including births, marriages and deaths and issues relevant certificates as proof of such registration. Civil registration promotes efficient government planning, effective use of resources and aid, and more accurate monitoring of progress towards achieving the Sustainable Development Goals.
Birth Registration
| Legal framework for birth registration | Law on Civil Status No. 84-10 (15 May 1984), regulating civil status in the territory of the Union of the Comoros (territorial jurisdiction) and defining the institutional actors involved in the organization and management
Law No. 85-11/AF (9 December 1985), amending Law No. 84-10 (15 May 1984) Act No. 05-008 (3 June 2005), relating to the Family Code Law No. 11-005 (7 April 2011), on decentralization within the Union of the Comoros |
| Official authorities in charge of registering births | Commune mayors, Mayors’ administrators and deputies;
A civil registry office is set up at the headquarters of each commune; the mayor may delegate powers in accordance with the provisions of article 94 of the law on municipal organization (Law on Civil Status No. 84-10, article 2). |
| Organizational structure | Decentralized |
| Is there a legal obligation to register the birth of a child? | Yes |
| Is an official birth certificate issued as a result of birth registration? | No
However, any person may be issued copies of the documents enclosed therein by the custodians of the registers of civil status. Such copies, delivered in accordance with the registers, shall bear in full the date of their issue, and the signature and seal of the authority that issued them. These copies must be legalized, unless there are international conventions to the contrary, when they have to be produced before foreign authorities. Simple extracts may also be issued containing, in addition to the name of the civil status centre where the act was drawn up, a literal copy of the act and marginal notations, with the exception of everything relating to the documents produced and the appearance of witnesses (Law on Civil Status No. 84-10, article 23). |
| Legal informant to register a birth | The child’s father or mother, One of the ascendants, Next of kin, Any person attending the birth (midwife, physician, etc.), The person whose residence the birth occurred at (Per Law on Civil Status No. 84-10, article 34) |
| Time allowed for registration | 15 days (Law on Civil Status No. 84-10, article 31) |
| Fee for birth registration | No |
| Can the fee be increased or waived? | No |
| Fee for birth certificate | Yes |
| Penalty for late registration | Yes; When the birth has not been declared within the statutory period of 15 days, the civil registrar may report only by virtue of a supplementary judgment of civil status issued either by the court of first instance or by the Tribunal of Cadis (Judges) of the place of birth (Law on Civil Status No. 84-10, article 32). |
| Other official fees involved in the birth registration process | No |
| Requirements or fees specific to children who are eligible for citizenship but were born outside the country | No |
| Requirements or fees specific to children whose parents are foreign nationals | No |
| Requirements for birth registration | Declaration must be made by the father or mother within 15 days of the birth, or by one of the ascendants, next of kin or any person who attended the birth, midwife, doctor, or the person in whose home the birth occurred. Anyone who finds a newborn child is required to declare the birth and the place of discovery to the registrar. |
| Information collected | Regarding the child: Name, Date of birth, Sex, Weight at birth, Ethnicity, Date of registration, Place of occurrence [of the birth], Place of registration
Regarding the mother of the child: Date of birth or age, Place of birth, Occupation, Place of usual residence Regarding the father of the child: Date of birth or age, Place of birth, Occupation, Place of usual residence (Law on Civil Status No. 84-10, article 33) |
| Processing | Manually (on paper) |
| Place of registration | Place of birth;
Declarations of birth and death shall be received, and the documents recording them drawn up, by the registrar of the place of birth or death (Law on Civil Status No. 84-10, article 22). |
| A birth certificate is required for: | Identification, Education, Voting |
| Process for establishing vital statistics on births | There are no provisions in the law for the establishment of vital statistics. |
Data sources: Information on civil registration systems was compiled over a period from December 2016 to November 2017 using the existing relevant legal frameworks and in consultation with CRVS experts, officials within the relevant national institutions, and UNICEF country offices. All reasonable precautions have been taken by UNICEF to verify this country profile; updates will be made to reflect changes in policy and implementation and/or new information.
Marriage Registration
| Legal framework for marriage registration | Law on Civil Status No. 84-10 (15 May 1984), regulating civil status in the territory of the Union of the Comoros (territorial jurisdiction) and defining the institutional actors involved in the organization and management
Law No. 85-11 /AF (9 December 1985), amending Law No. 84-10 (15 May 1984) Act No. 05-008 (3 June 2005), relating to the Family Code Law No. 11-005 (7 April 2011), on decentralization within the Union of the Comoros |
| Official authorities in charge of registering a marriage | Commune mayors, Mayors’ administrators and deputies;
A civil registry office is set up at the headquarters of each commune; the mayor may delegate powers in accordance with the provisions of article 94 of the law on municipal organization (Law on Civil Status No. 84-10, article 2). |
| Organizational structure | Decentralized |
| Legal age for marriage | 18 years for both sexes;
Exemptions: it is permissible for the judge celebrating the marriage to grant exemptions of age on serious and legitimate grounds where there is reciprocal consent of the future spouses (Family Code, article 14) |
| Is there a legal obligation to register marriages? | Yes; No one may claim the title of spouse and marriage if she or he does not present an act of marriage entered in the register of civil status (Family Code, article 41). |
| Is an official marriage certificate issued as a result of marriage registration? | Yes, immediately; At the marriage ceremony, the spouse is given a family record booklet showing the identity of the spouses, the place where the ceremony occurred, and the date on which the act was drawn up (Family Code, article 83). |
| Legal informant to register a marriage | Spouses |
| Time allowed for registration | 15 days (Family Code article 41) |
| Fee for marriage registration | No |
| Can the fee be increased or waived? | No |
| Fee for marriage certificate | No |
| Penalty for late registration | Yes; the marriage certificate shall be transcribed free of charge in the register of civil status kept for that purpose at the registry office of the place of marriage within a period of 15 days at the latest, diligence of the judge who celebrated the marriage, under pain of a fine. (Family Code, article 41). |
| Other official fees involved in the marriage registration process | Yes; the filing fee varies by civil registration centre and by the day of celebration (the cost is higher when a celebration request is made on Saturday as opposed to Friday). |
| Additional registration requirements or fees if one spouse was born outside the country or has dual citizenship | No |
| Requirements for marriage registration | Before proceeding to the celebration of the marriage, the cadi (judge) or his deputy and the registrar of civil status must ensure that the conditions of civil and religious background and form are fulfilled.
If the registrar finds that they are not, he refuses to receive the declaration of marriage and proceeds as stated in article 7 (Law No. 84-10, article 59). The marriage will be celebrated, under penalty of nullity, in the presence of two witnesses. These witnesses must have the Muslim faith, be of the male sex, major, endowed with discernment and good public knowledge. (Family Code, article 33). |
| Information collected | The marriage certificate states:
– Year, month, day and time of marriage; – Surname and forename, date and place of birth, occupation and domicile of each spouse; – – Surname and forename, occupation and domicile of the father and mother of each of the spouses; – Consents or authorizations given in case of minority or incapacity of one or both spouses; – Surnames and first names of witnesses and their status as adults; – Mention is made of the celebration of the marriage in the margins of the birth certificates of each of the spouses (Law No. 84-10, article 58). |
| Processing | Manually (on paper) |
| Place of registration | Place where the bride or groom resides;
Marriage declarations are received, and the acts that establish them are drawn up, by the registrar of the municipality where one of the spouses has her or his residence (Law on Civil Status No. 84-10, article 22). |
| A marriage certificate is required for: | Joint bank account |
| Process for establishing vital statistics on marriage | There are no provisions in the law for the establishment of vital statistics. |
Data sources: Information on civil registration systems was compiled over a period from December 2016 to November 2017 using the existing relevant legal frameworks and in consultation with CRVS experts, officials within the relevant national institutions, and UNICEF country offices. All reasonable precautions have been taken by UNICEF to verify this country profile; updates will be made to reflect changes in policy and implementation and/or new information.
Death Registration
| Legal framework for death registration | Law on Civil Status No. 84-10 (15 May 1984), regulating civil status in the territory of the Union of the Comoros (territorial jurisdiction) and defining the institutional actors involved in the organization and management
Law No. 85-11/AF (9 December 1985), amending Law No. 84-10 (15 May 1984) Act No. 05-008 (3 June 2005), relating to the Family Code Law No. 11-005 (7 April 2011), on decentralization within the Union of the Comoros |
| Official authorities in charge of registering a death | Commune mayors, Mayors’ administrators and deputies
A civil registry office is set up at the headquarters of each commune; the mayor may delegate powers in accordance with the provisions of article 94 of the law on municipal organization (Law on Civil Status No. 84-10, article 2). |
| Organizational structure | Decentralized |
| Is there a legal obligation to register deaths? | Yes (Law on Civil Status No. 84-10, article 41) |
| Is an official death certificate issued as a result of death registration? | No; However, any person may be issued copies of the documents enclosed therein by the custodians of the registers of civil status. Such copies, delivered in accordance with the registers, shall bear in full the date of their issue, and the signature and seal of the authority that issued them. Theses copies must be legalized, unless there are international conventions to the contrary, when they have to be produced before foreign authorities. Simple extracts may also be issued containing, in addition to the name of the civil status centre where the act was drawn up, a literal copy of the act and marginal notations, with the exception of everything relating to the documents produced and the appearance of witnesses (Law on Civil Status No. 84-10, article 23). |
| Legal informant to register a death | The deceased’s parents or any person possessing in his civil status the information necessary for the declaration (Article 43, Law on Civil Status No. 84-10) |
| Time allowed for registration | 15 days (Article 41, Law on Civil Status No. 84-10) |
| Fee for death registration | No |
| Can the fee be increased or waived? | No |
| Fee for death certificate | Yes |
| Penalty for late registration | Yes; Any death declared after 15 days as article 41 cannot be recounted by the registrar of civil status, that in view of a supplementary judgment rendered by the court of first instance or the cadi (judge) with the request any interested person or the Prosecutor of the Republic (Law on Civil Status No. 84-10, article 57) |
| Other official fees involved in the death registration process | No |
| Registration requirements or fees specific for the deaths of people who were residents in the country and also of foreign nationality | No |
| Requirements for death registration | Deaths must be declared within 15 days of the date on which they occurred. Death is mentioned on the margin of the birth and marriage certificate of the deceased.
The death certificate is drawn up on the declaration of one of the parents of the deceased or of any person having on her or his civil status the information necessary for the declaration. Hospitals, maternities or health training centres (public or private) keep a special register on which are immediately recorded deaths that occur in these facilities. The presentation of this register may be required at any time by the registrar of the place where the establishment is located, as well as by the administrative and judicial authorities. |
| Information collected | The death certificate states:
– year, month, day, time and place of death; – surname and forename, date and place of birth, profession and domicile of the deceased; – surname and forename, occupation and domicile of the deceased’s father and mother; – surname and first name of the other spouse if the deceased was married; – surname and forename, age, occupation and domicile of the declarant and, where applicable, his or her degree of relationship with the deceased. (Per Law on Civil Status No. 84-10, article 42) |
| Information collected in case of fetal death | When an infant is declared stillborn, the declaration is entered into the death registry and not into the birth registry. The act mentions only that the child was declared lifeless without there being a presumption on the point of knowing whether the child lived or not (Law on Civil Status No. 84-10, article 36). |
| Processing | Manually (on paper) |
| Place of registration | Place of death
Declarations of birth and death shall be received, and the documents recording them drawn up, by the registrar of the place of birth or death (Law on Civil Status No. 84-10, article 22). |
| A death certificate is required for: | Inheritance, Obtaining social assistance |
| Process for establishing vital statistics on deaths | There are no provisions in the law for the establishment of vital statistics. |
Data sources: Information on civil registration systems was compiled over a period from December 2016 to November 2017 using the existing relevant legal frameworks and in consultation with CRVS experts, officials within the relevant national institutions, and UNICEF country offices. All reasonable precautions have been taken by UNICEF to verify this country profile; updates will be made to reflect changes in policy and implementation and/or new information.