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Birth


Given the importance of this event, it is surrounded by a set of rules regarding the declaration, timeframe, and method of establishing the birth certificate.

        * Who declares?
One of the following persons, in decreasing order of priority, is required to declare the birth:
The father in the first place.
The doctor or midwife.
Any person who attended the delivery.
Any other person at whose place the woman gave birth.
Anyone who fails to declare the birth is punishable by 6 months in prison and a fine.

      * When should the declaration be made?
The declaration must be made within 10 days following the birth, unless authorized by the judge of the Court of First Instance of the place of birth.

      * Who receives the declarations?
Civil Registry officers.

      *NB:
"A stillborn child is not recorded in the birth register, but only in the death register."

 

Marriage

 

Since the promulgation of the Personal Status Code, marriage can only be established through an authentic act by two notaries or a Civil Status officer. The presence of 2 witnesses is also required at the conclusion of the marriage contract, and the approval of the father and mother is necessary for minors.

 

      *Conditions:
The two spouses must be of opposite sexes.
The acceptance of both spouses, regardless of their age, must take place before the Civil Status officer or the notaries.
They must have the legal age to marry.
A judicial decision is required if the groom is under 20 years old and the bride under 18.
Approval of the guardian for a groom under 20 years of age.
The guardian must be the closest male agnate (father, paternal uncle, brother...).
He must be male, of sound mind, and of legal age.
Primarily, the father or his delegate.
The two spouses must not fall under any legal or religious impediments to marriage.


      *What documents are required for the marriage file?

National identity cards of both spouses.
Birth certificates for each, with mention of marriage intention.
Prenuptial medical certificate.
Judge's authorization for men under 18 and women under 18.
Notarized approval from the guardian if absent during the conclusion of the marriage of one or both minor spouses.
Death certificate of the previous spouse for widows/widowers.
Divorce certificate issued by the Civil Status officer of the place of marriage or birth.
National identity cards of the two witnesses.
Administrative authorization if one spouse belongs to the security forces (National Guard, Police, Prisons and Rehabilitation, Civil Protection), the army, customs, or the diplomatic corps.
A declaration regarding the matrimonial property regime between the spouses.


    *NB: MARRIAGE OF FOREIGN NATIONALS:
In the case of foreign nationals, they must provide a certificate from their consulate certifying their capacity to marry and that they are not already married.
Since polygamy is still practiced in some countries, a divorce or death certificate of the previous spouse is not sufficient.

 

Death

 

    *Which Civil Status officer is competent?
It is the Civil Status officer of the place of death or the place where the body was discovered if the place of death is unknown.
    *Timeframe for declaration
The declaration must be made within 3 days.
    *Persons required to declare
Relatives of the deceased or any person able to provide accurate civil information.
Hospital or dispensary directors where the death occurred, within 24 hours.
The prison director: immediately.
Police officer, in case of violent or suspicious death: immediately.
    *Death certificate and burial permit
A medical certificate, if death occurred naturally.
Authorization from the Public Prosecutor, if the death occurred under suspicious or unnatural circumstances.
NB:
The death certificate is issued by the Civil Status officer.
The notoriety certificate is a document issued by the local judge following the Civil Status officer’s report. It lists the names of the heirs and the estate details.


Obtaining the Family Record Book for the First Time
(or request for a duplicate in case of loss or for a divorced wife who has not remarried)

 

   *Required documents:
An identity photo of the father
Marriage certificate
Birth certificate for each spouse
Birth certificates for other family members (in case of a duplicate, renewal, or post-marriage request)
Death certificate of the spouse for widows
Copy of the divorce judgment for the custodial mother
Applicable fees
   *Timeframe for issuance:
Immediately for the marriage certificate
One week otherwise
   *Where to submit the file?
At the municipal Civil Status office or at the relevant Tunisian embassy or consulate.