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This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Women’s & Children’s Rights
Morocco
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Birth Registration
Universal Coverage and Definition
Universal Coverage and Definition
Is birth registration or reporting available for children born to citizens residing abroad?
Yes
Recommended Practice based on International Guidelines
When a child is born to parents who are residing outside their country of citizenship, the country in which the birth occurred has an obligation to register the birth and issue a birth certificate. While the home country of the parents will not issue a new birth certificate, there should be a process by which the parents report the birth to the parents’ home country. This is important for purposes of establishing citizenship and receiving a passport for the child. The law should provide a process for citizens temporarily residing abroad to report the birth of a child to the registrar (or the passport agency). This is usually facilitated by a country’s embassies and consulates.
Does the law specify the process and responsibilities for registering the birth of a child who was abandoned and whose parents are not known?
Yes
Recommended Practice based on International Guidelines
All births should be registered, including those of a foundling (a child who has been abandoned and whose parents are unknown.) Generally, the person or the head of the institution that assumes custody of the infant should be responsible for notifying the registrar of the birth. The person reporting the birth should provide: date and place of finding, sex, approximate birth date of child, name and address of person/institution reporting finding, name given to the child by the custodian of the child, and any other information requested by registrar. The entry should be marked as "foundling" (or similar) and information about parentage left blank. If child is later identified, the foundling registration should be voided and placed under seal
Law 36.21 on Civil Status, Article 25 gives the prosecutor responsibility for registering the birth of a child whose parents are unknown. The prosecutor is therefore responsible for registering the birth of an abandoned baby.
Does the law clearly state the process for amending birth registrations in adoption cases?
Yes
Recommended Practice based on International Guidelines
Laws should contain clear provisions for amending the birth registration record in the case of adoption. Country laws vary regarding the legal requirements and arrangements for adoption. Many jurisdictions require that adoptions be kept confidential. Courts should be required to transmit adoption orders to the civil registrar.
If a child is adopted from a foreign country, most countries have a process by which the adoptive parents may apply for a domestic birth certificate.
Adoption in Morocco is handled through a system called Kafala, Islamic sponsorship, not full legal adoption; meaning children keep their birth names and don't inherit from adoptive parents. Law No. 15-01 Relating to the Guardianship (kafala) of Abandoned Children requires the public prosecutor to register the birth of a child before the Kafala proceedings (Article 5). Within one month after the Kafala proceedings, the guardianship judge must sent kafala order to the civil registrar, and the details relating to the order are recorded in the birth record (Article 21). In addition, Article 26 of the Law on Civil Status outlines that the child's birth certificate should include references to the document that allowed the kafala.
If surrogacy is legal, is there a defined process to register the internationally recommended data for surrogate births?
No
Recommended Practice based on International Guidelines
The notification and registration of the birth should be as complete as possible including in States which permit surrogacy arrangements or [States of destination] which subsequently register the child in their national registries. Identifying information should include date and place of birth, the surrogate mother, intending parent(s) and information relating to persons providing human reproductive material if any. Medical clinics, providers and/or registries of human reproductive material should make all identifying information available to national registries.
There are two general processes for surrogacy. 1) the original birth registration record has the names of the intended parents (no amendment required). 2) the birth is registered under the name of the surrogate (gestational) mother, and then the birth registration record is amended, based on a court surrogacy decree, to have the names of the intended parents included.
Surrogacy is illegal in Morocco, with the practice strictly prohibited by law (Law 47-14). Therefore, there is no process for amending birth records after surrogacy.
