Proving paternity and filiation in Iraq: marriage, acknowledgment, claim

In briefA wife's child is attributed to her husband if the minimum period of pregnancy has passed since the marriage contract and contact between the spouses was possible, under article 51. Filiation is established by acknowledging a child of unknown parentage where the age gap allows it, under article 52, and by a person of unknown parentage acknowledging a father or mother who confirms it, under article 53. The Personal Status Court hears filiation claims under article 300 of the Civil Procedure Law.

Filiation (nasab) is the basis for maintenance, custody, inheritance and entering a child in the civil register. The question of proving it usually arises after a marriage that was not registered in court, when a father denies a child, or when someone dies and a person comes forward claiming to be the deceased's child. The office of lawyer Ali Barakat in Baghdad explains here the routes Personal Status Law No. 188 of 1959 sets for establishing filiation.

First route: a wife's child belongs to her husband

Article 51 provides that the child of every wife is attributed to her husband on two conditions: the minimum period of pregnancy has passed since the marriage contract, and contact between the spouses was possible. The rule rests on the existence of the marriage, and the mother is not asked for separate proof of paternity as long as both conditions are met.

This is why proving filiation is so often tied to proving the marriage. Article 10 regulates registering the contract in the competent court and gives the spouses, once it is registered, a marriage deed whose contents are acted on without further evidence unless challenged before the court. For a man who concludes a marriage outside court, paragraph 5 of the same article sets a penalty, but it does not state that the contract is void. Once the marriage is established before the court, the children's filiation can rest on it under article 51.

Second route: acknowledging a child

Paragraph 1 of article 52 provides that acknowledging a person of unknown parentage as one's child, even during a final illness, establishes that person's filiation if someone of that age could be born to someone of the acknowledger's age. The acknowledgment therefore requires that:

the person acknowledged is of unknown parentage, not already attributed to someone else;
the age difference normally allows the person acknowledged to be the acknowledger's child.

Paragraph 2 adds a rule for women: if the woman making the acknowledgment is married or in her waiting period, the child's filiation to her husband is established only if he confirms it or by evidence. Her acknowledgment binds her, and does not automatically extend to the husband.

Third route: acknowledging a father or mother

Article 53 deals with the reverse case, where a person of unknown parentage acknowledges that a particular man is their father or a particular woman is their mother. Filiation is established if the person acknowledged confirms it and the age gap allows it.

Acknowledging other relationships

Article 54 provides that acknowledging filiation outside these cases, such as acknowledging a brother or an uncle, does not bind anyone other than the acknowledger unless they confirm it. Article 88 lists "the person acknowledged as a relative" among those entitled to the estate, after the heirs by kinship and valid marriage. The order of the estate is explained on the death deed and inheritance deed page.

The claim and the court

Article 300 of Civil Procedure Law No. 83 of 1969 places filiation among the marriage matters within the Personal Status Court's jurisdiction. A claim to prove or deny filiation is therefore filed there, and the court weighs the evidence in light of articles 51 to 54. A judgment on filiation affects custody and maintenance; custody is covered on the custody and visitation page.

Entry in the civil register

Article 19 of National Card Law No. 3 of 2016 provides that new births are entered in the civil information system on the basis of birth certificates and deeds issued by the competent bodies. For a foundling or a child of unknown parentage, article 20 requires the juvenile court to send its decision choosing the child's name, date and place of birth to the directorate confidentially, and the child is treated as an Iraqi Muslim unless the contrary is proved. Article 12 of the same law requires personal status courts and other competent courts to send the directorate copies of deeds and decisions once they become final, so the entry rests on the final judgment rather than on a pending claim. Registration is covered on the registering births, marriages and deaths page.

Legal basis and sources

Frequently asked questions

Is a child of an unregistered marriage attributed to the father?

The child is attributed to the husband once the marriage is established and the two conditions of article 51 are met, so the matter usually starts with confirming the marriage before the court.

Is the mother's acknowledgment alone enough?

If she is married or in her waiting period, filiation to her husband is established only if he confirms it or by evidence, under paragraph 2 of article 52.

Which court hears a filiation claim?

The Personal Status Court, under article 300 of the Civil Procedure Law.

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

To ask about your matter

Call +964 770 848 7526 WhatsApp Email

Proving filiation (nasab) under Iraqi law