Child born abroad and not registered in Morocco: how to register the birth
A child born abroad to a Moroccan father or mother is Moroccan, even if the birth was never declared to the consulate. But as long as the birth is not entered in the Moroccan civil registry, the child has no Moroccan birth certificate, no national identity card and no Moroccan passport.
This article explains how to resolve this situation from abroad, under Law No. 36-21 on civil status and its implementing Decree No. 2.22.04 of 22 June 2023.
Why register the birth in Morocco
Nationality passes through parentage: under Article 6 of the Moroccan Nationality Code, a child born to a Moroccan father or a Moroccan mother is Moroccan. Registration in the civil registry does not create nationality; it makes it possible to prove it.
Without a Moroccan birth certificate, the child cannot:
- obtain an electronic national identity card or a Moroccan passport;
- be entered in the parents' family record book;
- easily assert their rights in Morocco, for example in an inheritance or a marriage.
Within the time limit: declaration at the consulate
A birth that occurs abroad must be declared to the Moroccan consulate within one year, starting from the day after the birth (Article 40 of Decree No. 2.22.04). Within this period, the procedure is purely administrative: consular officers act as civil registrars (Article 7 of Law No. 36-21).
The consulate asks for the full copy of the foreign birth certificate and a document establishing parentage, depending on the parents' situation (Article 23 of the decree):
- married parents: the marriage certificate, Moroccan or civil;
- unmarried parents: the deed of acknowledgement of paternity;
- father unknown: the mother's birth certificate.
After the time limit: the court route
After one year, the birth can no longer be declared to the consulate: it can only be registered on the basis of a court judgment declaring the birth. The procedure has four steps.
- Obtain the certificate of Moroccan nationality. It is required when the child holds Moroccan nationality through the mother. It is issued by the Minister of Justice or by the authorities the Minister designates (Article 33 of the Nationality Code).
- Obtain the certificate of non-registration. It proves that the birth does not appear in the Moroccan civil registers.
- Apply to the court of first instance. The application, with the supporting documents, asks the court to declare the birth. The public prosecutor gives an opinion and may appeal the judgment.
- Have the judgment enforced. Once the judgment is final, it is sent to the civil registrar, who registers the birth. Extracts and full copies of the Moroccan birth certificate can then be obtained.
Documents required
A complete file from the outset avoids most refusals and appeals.
- The full copy of the child's foreign birth certificate, bearing an apostille. Documents issued in France are exempt.
- The full copy of the Moroccan parent's birth certificate.
- Proof of parentage: the parents' marriage certificate or the deed of acknowledgement of paternity.
- The certificate of Moroccan nationality, when nationality comes from the mother.
- The certificate of non-registration in the Moroccan civil registers.
- The Moroccan parent's national identity card or Moroccan passport, and consular registration card.
- The family record book, if there is one.
Handling the procedure from abroad
The family does not need to travel to Morocco. A declaration within the time limit is made at the consulate in the country of residence. The court procedure can be handled by a lawyer registered with a Moroccan bar, who represents the parent under a power of attorney.
Each case depends on the parents' situation and the documents available. For a specific situation, you can set out your request in writing.