Birth Registration and Consular Assistance in Egypt and Morocco
19
Marriage Certificates
The most common difficulty obstructing foreign parents from registering the births of
children born in Egypt is the requirement for a marriage certificate. Although the law theoretically permits other forms of proof of relationship, officials on the ground in practice
require a marriage certificate to register a birth, even in case of children born of rape.65
Only with legal assistance will a birth certificate be issued to a child born out of wedlock.
In practice, if the father is not available (and there is no death certificate), another male
family member can accompany the mother to register the birth of the child in their name—
but only if that family member has all the required documents.
Among the migrants and refugees interviewed, very few were aware of the
process to register a marriage in Egypt;
others could not register their marriages
because they lacked valid identification
documents or a residence permit. If
their marriage has been registered in a
country of origin, a letter from the relevant embassy is still needed to authenticate the marriage certificate or to state that the
embassy does not object to the marriage of a national in Egypt. No consideration is given
to the inability of a refugee to approach his or her embassy. Many had no formally registered marriage, if they had been married under customary law or with only a religious
ceremony, or if they came from countries where no civil marriage certificate is issued (for
example in Sudan and South Sudan, and in Syria).
The problem here in Morocco is that when
you don’t have a marriage certificate and you
are Muslim they register the births as father
unknown. My husband is the father of four
girls of which two are born in Morocco, and
they are registered as children of unknown
fathers. I’m against this solution. — Nigerian
A marriage certificate is also required by the authorities in Morocco in case of Muslim
parents (only). As in Egypt, the Moroccan authorities do not accept evidence that parents
are formally married in accordance with the rules of their own country, if that country
does not require civil registration in addition to any other ceremony. For those who are
living together without a marriage of any kind, the situation is even more difficult. Single
mothers also face significant difficulties if the father is not present, especially if they state
that they are Muslim—even though unmarried Moroccan women are permitted under the
civil registration law to register a birth, recording the father as unknown. For couples or
women who state that they are not Muslim, however, parents are permitted to register a
birth without a marriage certificate.
Residence Permits/Certificates
An obstacle of equal significance in Egypt is the requirement to produce a residence
permit showing legal presence in Egypt. It is a constant challenge for asylum seekers and
refugees, or ordinary migrants in regular status, to keep their permits valid, since in most
cases they expire after six months and it takes around two months to receive a new one.
Mohamed Farahat, ‘Children of rape of refugee women, and statelessness, in Egypt’, Forced Migration
Review Vol. 55, June 2017.
65
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