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Birth Registration
Tunisia
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Tunisia
Birth Registration
Procedure and Certificates
Procedure and Certificates
Place
Where must births be reported?
Unclear
Recommended Practice based on International Guidelines
Registration may be place of occurrence of place of residence. The civil registration law should clearly state the place where births must be reported. Reporting in the place of occurrence usually makes the registration process faster and easier for the informant. The determination of the place of usual residence may be in fact complicated for some people who have more than one residence or often move. In addition, reporting at place of occurrence facilitates declaration or notification by a health facility.
Countries with electronic systems for civil registration may allow more flexibility and allow reporting from anywhere the civil registration system can be accessed.
Article 22 of Law No. 1957-3 of 1957, regulation of civil status only states that birth declarations shall be made to the local civil registrar. It is unclear whether this refers to the local registrar at the place of birth, or the place of residence of the parents.
What are the reporting periods for birth registration specified in law?
10 days
Recommended Practice based on International Guidelines
A clear deadline for reporting a birth, especially a short one, reduces the risk of misreporting or underreporting. The deadline is typically between 14 and 30 days.
A late birth registration occurs when a birth is reported after the legally specified time period, but within a grace period, usually one year after the vital event.
Delayed birth registration is the registration that occurs after the grace period has expired. Delayed birth registration may occur many years after the event, and may require additional evidence.
The Arabic version of Article 22 of Law No. 1957-3 of 1957 provides that birth declarations shall be made within 10 days of the birth to the local civil registrar. The French version of the law adds that for births occurring outside the municipal boundaries or in a foreign country, this period shall be extended to fifteen days. The Arabic version prevails. When a birth has not been declared within the timeframe, the Registrar may only record it per decision of the President of the Court of First Instance, under Article 23 of the Law on Civil Status.
No provisions of Law No. 1957-3 explicitly address fees for on time registration. However, in practice, there are no fees.
Law Source
Are there any fees or fine for late or delayed birth registration?
Yes
Recommended Practice based on International Guidelines
Fees are not effective in preventing late or delayed registration and may act as a disincentive for registration. If fees are charged for delayed or late registration, policymakers should consider having a fee-waiver process for those for whom fees are a hardship. More effective results to increase registration rates are observed through educational programmes aimed at the public. Some countries have opted to impose a penalty for failure to register or, more precisely, refusal to register, rather than impose a fee for late registration.
Pursuant to article 25 of Law No. 1957-3 of 1957, regulation of civil status, the penalties for failing to report are six months imprisonment, or a fine of 3,000 Francs, or both.
What is the minimum information required for birth registration?
Minimum information required goes beyond UN guidance and registrar has discretion to register without all required information
Recommended Practice based on International Guidelines
The information required for legal purposes is minimal, and usually consists of: given name; surname; date of birth; birthplace; sex; and names of both the parents. It is preferable that information on both parents is provided but registration should not be denied if the mother cannot or will not name the father. Registrars should be authorized to complete registration with the available information to strive for universal registration. Failure to provide statistical data elements such as the weight of the child, should also not prevent birth registration.
Article 26 sets out what a birth certificate shall state. A birth record shall state the day, time, and place of birth, the child's sex, and the first and last names given to the child, and the first names, surnames, dates and places of birth, professions, domiciles and nationalities of the father and mother and if applicable those of the declarant.
What evidence is required for on-time birth registration?
No documentary evidence required
Recommended Practice based on International Guidelines
Registrars should require proof as to the veracity of the information to be registered. Proof or evidence required for registration must be sufficiently stringent to provide assurance of the accuracy of the information without being so burdensome so burdensome as to discourage or prevent registration. Documentary evidence is always preferred. For birth registration, the most common form of documentary evidence is the notification of birth (from health sector or local leader), but if this is not available, testimony or affidavits of witnesses may be substituted.
No document is required under the Law No. 1957-3 of 1957, regulation of civil status. In practice, a declaration of father or declaration of the hospital or clinic, ID of the mother or father (ID card, family book) is required.
Are there additional or alternative documents required for late or delayed birth registration?
Yes
Recommended Practice based on International Guidelines
While late and delayed reporting should be discouraged, the procedures should not be so restrictive as to prevent late and delayed reporting of events. Laws that require a court order for late or delayed registration present a significant barrier to registration. For late registration (within 1-year grace period), the provision of a notification of birth, or other evidence required for on-time registration, should be sufficient. For delayed registration (after 1 year), the law may require additional evidence such as a witness statement.
After the prescribed time period (10 days), a decision by President of Court of first instance is required for the Civil Registrar to register the birth as detailed in article 23 of Law No. 1957-3 of 1957, regulation of civil status.
Does the registrar (local or other level) have the authority to correct minor errors (such as data entry errors and typographical errors)? If yes, are such changes free of charge?
Court order required
Recommended Practice based on International Guidelines
The civil registration agency should have authority to correct errors such as obvious spelling, date or typographical errors.Providing the registration agency with authority to make these types of corrections relieves the applicant of having to spend time and money applying to courts. No fee should be charged for minor clerical errors.
Does the registrar (local or other level) have the power to add omitted information (such as name of baby, in the case of late naming, and paternity information)? If yes, are such changes free of charge?
Court order required
Recommended Practice based on International Guidelines
The civil registration agency should have authority to add information omitted in the original record, such as the late addition of a baby name within the time frame for late naming, or adding uncontested paternity information. Providing the registration agency with authority to make these types of amendments elieves the applicant of having to spend time and money applying to courts. No fee should be charged for adding omitted information
Is the original birth certificate provided free of charge?
Unclear
Recommended Practice based on International Guidelines
Legislation should require the registrar, upon completion of registration, to issue an original birth certificate to the parents of the child free of charge. Ideally, the local registrar has the power to issue a birth certificate, as this will shorten the time frame for certificate issuance.
Custodians of the registers are empowered to issue extracts detailing birth information to specific applicants per Law No. 1957-3 of 1957, regulation of civil status, Article 13 and 14. This is free under law but in practice a fee is imposed. Law No. 1957-3 of 1957 does not explicitly address the original certificate.
