Madagascar
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 61.025 (9 October 1961) amended by Law 90.015 (20 July 1990) |
| Official authorities in charge of registering births | Mayors of the urban and rural communes, Deputies, Special assistants;
The national coordination authority is the Ministry of Interior and Decentralization (Municipal Ordinance, 24 August 1960, articles 94–242) |
| 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? | Yes, but the law does not state the period of its issuance |
| Legal informant to register a birth | Father or mother, One of the parents’ relatives, Any person who witnessed the birth;
Doctors and midwives, when they attend any birth, must forward to the civil registrar of the place of delivery, a certificate stating that the birth of the child occurred on such day at a specified place. |
| Time allowed for registration | 12 days |
| Fee for birth registration | No |
| Can the fee be increased or waived? | No |
| Fee for birth certificate | No, for the first birth certificate; yes, for copies |
| Penalty for late registration | Yes, a fine/or imprisonment for non-declaration or failure to register within the designated timeframe without a valid reason (Penal Code, article 473 3) |
| 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 | Birth notification, including identification of the child’s father and mother; if a child is born out of wedlock, the father must conduct the birth notification or provide an authenticated procuration to someone (Law 61.025, article 29). |
| Information collected | The birth certificate must state:
– Day, time and place of birth; – Child’s sex, surname and forename given to her or him; – Surname, forename, age, place of birth, profession and usual place of residence of the father and mother; – If applicable, surname, forename, occupation and habitual residence of the declarant. (Law 61.025, article 25) |
| Processing | Manually (on paper) |
| Place of registration | Registration office in the commune where the child was born (Law 61.025); The Ministry of the Interior does not supervise the communes, but its agents are in charge of verifying and controlling the Civil Registration Offices’ functions. |
| A birth certificate is required for: | Education |
| Process for establishing vital statistics on births | The civil registrar must establish an annual alphabetic table of civil registration acts, but the law does not cover exploitation or utilization of those data (Law 61.025). Secondary legislation states that vital events are notified to National Institute of Statistics (INSTAT) by statistical forms, which are signed by the civil registrar and standardized across the country. The transmission of statistical bulletins by the civil registration centres should be done monthly. Data processing is done manually because the Vital Statistics Department is not equipped with computer equipment; due to manual processing of data and inadequate numbers of staff, tabulation is limited to the priority tables provided in the United Nations Principles and Recommendations for a Vital Statistics System. |
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 61.025 (9 October 1961) amended by Law 90.015 (20 July 1990) |
| Official authorities in charge of registering a marriage | Mayors of the urban and rural communes, Deputies, Special assistants (Municipal Ordinance, 24 August 1960, article 72)
The national coordination authority is the Ministry of Interior and Decentralisation (Municipal Ordinance, 24 August 1960, articles 94–242). |
| Organizational structure | Decentralized |
| Legal age for marriage | 18 years old for both sexes;
Exemptions: The President of the Tribunal Court of First Instance may authorize marriage before age 18 on serious grounds at the request and consent of the father and mother or the person exercising authority over the child and the consent of the child. The consent shall be given to the President of the First Instance and found in the court decision authorizing marriage. (Law No. 2007-022, article 3) |
| Is there a legal obligation to register marriages? | Yes, with the occurrence of a ‘marriage’ defined as:
– When a man and a woman appear before the Civil Registration Officer who receives their consent; – When a man and a woman complete the ceremonies in traditional forms for permanent union between them (Law No. 2007-022, article 2) |
| Is an official marriage certificate issued as a result of marriage registration? | Yes, immediately;
At the time of registration of the marriage, the spouses are to be provided free of charge a family record book showing the identity of the spouses, the date and place of the marriage and, if applicable, if a contract has been drawn up or not. This first page is signed by the spouses and the registrar. On the following pages are inscribed: births and deaths of children, adoptions and rejections, recognition and legitimation of natural children, death or divorce of spouses. In the event that a civil status document is corrected, it must be mentioned in this booklet (Law 61.025, article 60). |
| Legal informant to register a marriage | Spouses |
| Time allowed for registration | No, because marriage is celebrated by the Civil Registration Officer |
| Fee for marriage registration | No |
| Can the fee be increased or waived? | No |
| Fee for marriage certificate | Yes |
| Penalty for late registration | No |
| Other official fees involved in the marriage registration process | Yes, the fee varies by civil registration centre and the day of celebration |
| Additional registration requirements or fees if one spouse was born outside the country or has dual citizenship | No |
| Requirements for marriage registration | Consent of future spouses, with each spouse providing or transmitting to the registrar a certified copy of his or her birth certificate prior to the celebration or registration of the marriage (Law No. 2007-022, article 11) |
| Information collected | The marriage certificate must state:
– Surname, forename, profession, age, date and place of birth, filiation and residence of the spouses; – Consent of the parents, under the conditions laid down by the Marriage Act; – Nationality declared by the future spouses on the question referred to them by the civil registrar; – Declaration by the civil registrar that the contractors have declared or agreed to take the spouse; – The first names, names, ages, occupation and habitual residence of the witnesses. (Law 61.025, article 35) |
| Processing | Manually (on paper) |
| Place of registration | Registration office in the commune where the marriage occurred
(Law No. 61.025) |
| A marriage certificate is required for: | Inheritance, Obtaining social assistance |
| Process for establishing vital statistics on marriage | The civil registrar must establish an annual alphabetic table of civil registration acts, but the law does not cover exploitation or utilization of those data (Law 61.025). Secondary legislation states that vital events are notified to National Institute of Statistics (INSTAT) by statistical forms, which are signed by the civil registrar and standardized across the country. The transmission of statistical bulletins by the civil registration centres should be done monthly. Data processing is done manually because the Vital Statistics Department is not equipped with computer equipment; due to manual processing of data and inadequate numbers of staff, tabulation is limited to the priority tables provided in the United Nations Principles and Recommendations for a Vital Statistics System. |
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 61.025 (9 October 1961) amended by Law 90.015 (20 July 1990) |
| Official authorities in charge of registering a death | Mayors of the urban and rural communes, Deputies, Special assistants;
The national coordination authority is the Ministry of Interior and Decentralisation (Municipal Ordinance, 24 August 1960, articles 94–242) |
| Organizational structure | Decentralized |
| Is there a legal obligation to register deaths? | Yes |
| Is an official death certificate issued as a result of death registration? | Yes, but the law does not state the period of its issuance (Law 61-025, article 3) |
| Legal informant to register a death | Surviving spouse, Ascendants and descendants, One of the nearest relatives, A person who has been present at the death, Physician called to establish the death (Law 61-025, article 31) |
| Time allowed for registration | 12 days (Law 61-025, article 31) |
| Fee for death registration | No |
| Can the fee be increased or waived? | No |
| Fee for death certificate | Yes |
| Penalty for late registration | Yes (Penal Code, article 473, alinea 3) |
| 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 | Notification of death |
| Information collected | Every declaration of death must mention:
– Date, time and place of death; – Surname, forename, sex, date and place of birth (approximate age when the date of birth cannot be indicated), occupation and domicile of the deceased; – Surname, forename, profession and domicile of the deceased’s father and mother; – Surname and given name of the spouse, if the deceased person is married; – Where applicable, surname, forename, age, occupation and domicile of the declarant, and degree of relationship with the deceased or the circumstance that the declarant was present at the time of death. (Law 61-025, article 30) |
| Information collected in case of fetal death | The circulaire n° 788-MJ/CAB du 29 December 1961 provides precisions on how to register fetal death. |
| Processing | Manually (on paper) |
| Place of registration | Registration office in the commune where the death occurred (Law 61.025) |
| A death certificate is required for: | Inheritance, Obtaining social assistance |
| Process for establishing vital statistics on deaths | The civil registrar must establish an annual alphabetic table of civil registration acts, but the law does not cover exploitation or utilization of those data (Law 61.025). Secondary legislation states that vital events are notified to National Institute of Statistics (INSTAT) by statistical forms, which are signed by the civil registrar and standardized across the country. The transmission of statistical bulletins by the civil registration centres should be done monthly. Data processing is done manually because the Vital Statistics Department is not equipped with computer equipment; due to manual processing of data and inadequate numbers of staff, tabulation is limited to the priority tables provided in the United Nations Principles and Recommendations for a Vital Statistics System. |
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.