The civil record, family record copies and the effect of death on the record
Many transactions in Iraq start with a request for a "record copy": an estate, a job appointment, proof of kinship, or a claim before the personal status court. Since National Card Law No. 3 of 2016 the record is electronic, and the national card replaces the nationality certificate, the civil status card and the residence card under the second article. The office of lawyer Ali Barakat in Baghdad explains what the civil record is, who can request a copy, and what happens to it on death.
What is the civil record?
The first article defines the civil record as the basic unit of the database, containing population and life information about each stage of a citizen's life from birth and after death, with an independent identification number that cannot be repeated. Civil information means the natural, personal and family attributes that distinguish a person from others and fix his or her position in the family.
The text defines the family as a married or formerly married man or woman, or both, with their children and any dependants. An unmarried person registered alone in the general registration of 12/10/1957 or in a subsidiary registration is treated as a family. The head of the family is the husband, or the wife on the husband's death, or the eldest child, or whoever the family accepts. A dependant is anyone entered on the family page who is not a family member.
Under the fourth article, the nationality and civil information directorate transfers nationality records, civil registers and addresses into the system and links the identification numbers of members of one family through connected records.
Evidential value of the system
The fifth article provides that electronic transactions, information recorded in the civil information system, and copies and certificates drawn from it are legal proof unless the contrary is established by a court decision, and that record information is updated continuously to match the facts. Someone who sees an error in the record cannot simply deny it; the route is administrative or judicial correction, explained on the national card and correcting its details.
Record copies: who can request one?
Article 14 lists who may ask the directorate and its branches, for official transactions, for a copy of the record certified by the director or a person he authorises: the head of the family, the record holder, brothers and sisters, children, a spouse, a guardian, a testamentary guardian, a curator and an agent. Article 18 allows the copy to be limited to some of the record's information. What is commonly called a "family record copy" is a copy of the family record requested by one of these people.
Article 15 bars circulating data and records, or carrying out transactions with the database, outside the control and supervision of the general directorate or without the director general's approval. Article 17 allows the director general to provide information to government and non-government bodies after checking the reasons for the request, and to refuse by a reasoned decision; anyone who obtains the information may not use it for another purpose.
What happens to the record on death
Under the first paragraph of article 27, deaths are entered in the system on the basis of certificates from the health authorities, and also legal deeds and decisions of the competent courts after registration with the health authorities. The second paragraph requires the directorate to update the deceased's record, amend the notes on the records of the children and spouse, and update the family record. The national card is cancelled on death under the third paragraph of article 36.
This has a practical effect: a copy of the deceased's record after the death is entered is what is usually requested for the inheritance deed and the list of heirs before the personal status court; see death deed and inheritance deed. Registering a death and the reporting periods are covered on registering births, marriages and deaths. Where a death was never registered, proving it falls to the personal status court under article 300 of the Civil Procedure Law.
Cancelling a record
The text allows a record to be removed in two ways. The first is administrative: article 13 provides for cancellation by decision of the director general or a person he authorises on loss or withdrawal of nationality, or if the record was entered unlawfully, is duplicated or does not meet the legal conditions. The national card is withdrawn when the record is cancelled under the second paragraph of article 36.
The second is judicial: article 32 allows any family member to bring a claim before the competent court to cancel the fictitious record or records of family members, and the court must join a family member and the competent offices as third parties. Article 33 provides that the claim is brought in the court of the record holder's place of residence, the claimant must produce a copy of his or her record and those of the family members, and the ordinary routes of challenge apply. In practice this claim arises when heirs find a person on the family page who does not exist, affecting the list of heirs or other transactions.
Legal basis and sources
- National Card Law No. 3 of 2016, articles 1, 2, 4, 5, 13 to 15, 17, 18, 27, 32, 33 and 36 (Official Gazette, issue 4396 of 1/2/2016)
- Civil Procedure Law No. 83 of 1969, article 300 (Official Gazette, issue 1766 of 10/11/1969)
Frequently asked questions
Can my cousin request a copy of my record?
A cousin is not on the list in article 14, unless acting as an agent, guardian, testamentary guardian or curator.
Does the deceased's card remain valid for the heirs' transactions?
No. The card is cancelled on death under article 36, and the record after the death is entered is relied on.
We found a name on the family record we do not recognise. What can we do?
Any family member may bring a claim to cancel the fictitious entry in the court of the place of residence under articles 32 and 33.
Related topics and articles
- 01Registering births, marriages and deaths in the civil recordHow births, marriages and deaths enter the civil record under articles 11, 12, 19, 20, 27 and 28 of Iraq's National Card Law No. 3 of 2016, notification periods, and events of Iraqis abroad.
- 02The national card: issue and correction of dataIssuing and replacing the national card and correcting errors in the civil record under articles 5, 29, 30 and 34 to 36 of Iraq's National Card Law No. 3 of 2016.
- 03Death deed, inheritance deed (qassam) and distributing an estateProving death and issuing the inheritance deed before the Personal Status Court under articles 300 and 310 of the Civil Procedure Law, and the order of rights in an estate under articles 86 to 91.
- 04The Iraqi nationality certificate: when it is asked for and what replaced itThe status of the Iraqi nationality certificate after National Card Law No. 3 of 2016, and the basis of nationality in articles 2 and 3 of Nationality Law No. 26 of 2006 and article 18 of the Constitution.
- 05The Iraqi passport: issue, renewal and damaged passportsIssuing and renewing an Iraqi passport, replacing a lost or damaged one and travel bans under Passports Law No. 32 of 2015: passport types, minors' passports, reporting loss and cancellation.