Law Office ofAli Barakat
Nationality, Civil Status and Passports

Registering births, marriages and deaths in the civil record

In briefThe head of the family must notify the Nationality and Civil Information Directorate of new events within sixty days, under article 11 of National Card Law No. 3 of 2016. The health authorities send births and deaths to the directorate within thirty days, and the courts send marriage contracts and decisions on talaq and separation once final, under article 12. A marriage is added to the record on the basis of the marriage contract or a judgment confirming it, under article 28.

Every event in a family's life, whether a birth, marriage, talaq or death, must pass into the civil record so that it appears on the national card and in copies of the record. Many later problems, such as being unable to issue a card for a newborn or a deceased person remaining alive in the register, go back to an event that was not recorded in time. The office of lawyer Ali Barakat in Baghdad explains how these events enter the record under National Card Law No. 3 of 2016.

The duty to notify and its time limit

Article 11 sets the general rule: the head of the family, or the person acting in that role by law, notifies the Nationality and Civil Information Directorate or its offices of civil information and new events in the family within sixty days of their occurrence. Iraqis living outside Iraq notify Iraqi consulates within the same period. Whoever receives the notification must give the person a receipt after verifying their identity.

Births

The first paragraph of article 12 requires the competent health authorities to send the directorate each birth they register within thirty days, on the form approved by the Ministry of Health, and the directorate records it electronically. Article 19 provides that new births are entered as records in the civil information system on the basis of birth certificates and birth deeds issued by the competent bodies. Article 27 adds the family's identification number to the newborn's identification number, and article 25 gives children their father's surname.

Foundlings and children of unknown parentage

Article 20 sets separate rules for foundlings and children of unknown parentage. The juvenile court confidentially sends the directorate a copy of its decision choosing the child's name and date and place of birth, and the child is treated as an Iraqi Muslim unless the contrary is proved. These cases are exempt from the notification period, and the juvenile court's decision counts as notification. A foundling or child of unknown parentage is registered on the basis of a deed or decision of the competent court in the cases the text sets out. Filiation is covered on proving filiation.

Marriage, talaq and separation

The second paragraph of article 12 requires personal status courts, personal matters courts and other competent courts to send the directorate a copy of the marriage contract or the decision on talaq, annulment or separation, and the related deeds, once final, and the directorate records them electronically.

Article 28 sets out how marriages are added:

  • A marriage is added to the record, and marital status updated, on the basis of the marriage contract or a judgment of the competent court confirming the marriage, and the directorate creates a family identification record.
  • An Iraqi woman's marriage to, or divorce from, a foreign national is added to her record and her children are registered with her, without the foreign husband; she and her children form a family with its own identification number.
  • An Iraqi man's marriage to, or divorce from, a foreign woman is added, and she and the children are registered with him as a family.
  • If both spouses die without their marriage having been registered and leave children, the guardian, the custodian or an adult child may bring a claim against one of the heirs to prove the marriage and filiation.
  • If one spouse dies without the marriage having been registered, the other may bring a claim against one of the deceased's heirs to prove the marriage.
  • An annulment or separation before consummation is added by returning both spouses and their status to what it was before the marriage.

Deaths

The health authorities send each death to the directorate within thirty days under article 12. Article 27 provides that deaths are entered on the basis of certificates issued under the births and deaths registration law, and also on the basis of sharia deeds and decisions of competent courts once registered with the health authorities. The directorate updates the deceased's record, adjusts the notes in the records of the children and spouse, and updates the family record. Errors in entering births and deaths are corrected under instructions issued by the Minister. The inheritance deed is covered on the death deed and inheritance deed.

Iraqis living abroad

The third paragraph of article 12 requires an Iraqi living outside Iraq to notify the directorate or the Iraqi mission of his or her marriage, talaq, annulment or separation. It may be entered in the record on the basis of foreign documents certified by the Iraqi mission, or by the foreign state's mission in Iraq with certification from the Ministry of Foreign Affairs, or on confirmation from Iraqi missions where those documents are not available.

Nationality decisions

Under the fourth paragraph of article 12, the nationality affairs directorate records decisions granting, withdrawing, cancelling, restoring, losing or recovering nationality and sends them to the civil information system once issued.

Legal basis and sources

  1. National Card Law No. 3 of 2016, articles 11, 12, 19, 20, 25, 27 and 28 (Official Gazette, issue 4396 of 1/2/2016)

Frequently asked questions

What is the time limit for notifying a birth or death?

The health authorities notify the directorate within thirty days under article 12, and the head of the family notifies new events within sixty days under article 11.

How is a marriage concluded outside court registered?

It is added on the basis of the marriage contract or a judgment of the competent court confirming it, under article 28.

What if the death entry contains an error?

Errors in entering deaths are corrected under the Minister's instructions; record copies are covered on civil record copies, death notification and birth deeds.

Always check the text in force and its amendments in the official source.

To ask about your matter