4.1. Birth registration and civil status 4.1.1. The legal framework on civil status108 Côte d’Ivoire adopted its foundational Civil Status Law in 1964, which has been amended only twice, in 1983 and 1999.109 Like the Nationality Code, this text is inspired by French laws and practices on civil status that are similar to those of many civil law traditions. It creates the legal framework and procedures in relation to an individual’s obligations to declare major changes in his or her civil status – namely birth, death, and marriage – in an official manner to the appropriate State authorities. The Civil Status Law requires that all births in Côte d’Ivoire be declared and registered before the civil registration office of the administrative district of birth within three months from the time of birth, regardless of the nationality of the child concerned.110 The following persons are authorized to declare the birth of a child: either of the child’s parents, the parents’ parents or next of kin, or any person who attended the birth, regardless of where the birth took place. Birth records must include the following information regarding both the mother and father of the child concerned, unless neither of the parents of a child is identified, and the person who declares the birth of a child (when a non-parent): family name, given name, profession, address of residence, and nationality (Article 42). The Civil Status Law does not require individuals – be they parents or other witnesses – to present personal identification documents to register the birth of a child. Rather, factors related to a child’s background can be recorded based on oral testimony. That said, it is common practice in some locations that the civil registrars demand to see the personal identification documents of the parents and where such documents are absent, sometimes refuse to register the birth of their children. A birth certificate111 serves as the foundational proof of a person’s identity, attesting not only to date and place of birth but also to parentage – two critical factors generally required for attribution of nationality. In the Ivorian context, which follows the jus sanguinis principle of requiring that at least one parent is an Ivorian national for a child to acquire Ivorian nationality by origin, the identification of parentage in a birth certificate is crucial. Yet birth registration in Côte d’Ivoire has no legal value with respect to serving as proof of one’s Ivorian nationality. Civil registrars do not have expertise in nationality determination and no proof of citizenship of the parents is required when registering a child’s birth. It is therefore interesting that the nationality of a child’s parents is recorded in the civil registers. The statement of parents’ nationality in civil registers might be based on either self-identification, which is not necessarily representative of one’s actual nationality, or on the subjective and potentially arbitrary evaluation of the civil registrars. Although 108 Acknowledging the difficulties of translating civil law concepts on civil status into English, a language adapted to the common law legal system and unfamiliar with civil status procedures, the author has followed the guidance of the International Commission on Civil Status with respect to translation. International Commission on Civil Status, Translator’s Note, available at: http://www.ciec1.org. As such, the author uses the general term “civil status” to translate the general concept of état civil; “civil registrar” to translate “officier de l’état civil” (the authority responsible for registration); “civil registration office” for “centre d’état civil,” and “register” for “registre” (the book in which records are kept). 109 Loi No. 64-374 sur l’Etat Civil du 7 octobre 1964, modifiée par les lois No. 83-799 du 2 août 1983 et 99-691 du 14 décembre 1999. 110 The current deadline of three months to register births was adopted by revised Article 42 of Loi No. 99-691 du 14 décembre 1999 portant modification de la Loi No. 64-374 du 7 octobre 1964 relative à l’état civil. 111 Should an individual wish to have proof that one’s birth has been legally declared, he or she can request a copy of an extract of the person’s relevant entry in the appropriate civil register. This reports uses “birth certificate” for “extrait d’acte de naissance” (or “birth certificate copy”) when referring to this documentary evidence. 34