territory qualifies for a name and one or more forenames, he/she must be registered in
the civil register as provided in Ordinance No. 70-20 of 19 February 1970 on the
Code of civil status.
100.It is mandatory for the father or the mother, the doctor or midwife or anyone who
witnessed the birth to register the birth within five days after birth, at the state
registrar of the child’s birthplace, otherwise they face sanctions. A birth certificate is
established immediately by the services of vital statistics (Articles 60, 61, 62 and 63
of Ordinance No. 70-20 of 19 February 1970 on the code of civil status.) Article 63
states, in addition to the date, time, place of birth and sex of the child, the birth
certificate must state the names given to him.
101.The deadline for registration is extended to 60 days for the southern and far south
regions (Decree No. 73-161) in order to allow the nomads to proceed with the birth
registration regardless of where they occurred.
102.The child automatically takes the surname of his father when the latter is known.
In the absence of the father and the mother, the registrant chooses its names (s.64).
103.Regarding a child that is found or from unknown parentage, the registrar shall
automatically proceed by giving the child of a series of names whose last acts as a
surname and shall proceed in registering the child on the registrar. If it is a female
child the last name must be male to act as surname.
104.For a newborn found or abandoned on the streets, the declaration must be made
by the person who found the child to the registrar of the place where the child was
discovered. Minutes shall be prepared and it will be recorded in the civil register. If no
affiliation is granted to the child abandoned in a hospital setting, the birth registration
shall be done by the maternity ward of the establishment.
105.A child who has benefited from the procedures of the "Kafala" can be given the
surname of the "kafil" (Article 1 of Executive Order No. 92- 24 of 13 January 1992
supplementing Decree No. 71 of 03 -157 June 1971 on name change). To date,
Algeria is the only Muslim country that allows a correlation of the name of the
"makfoul" with that of his "kafil" while this procedure is totally prohibited in the rest
of the Muslim world.
b) Respect for the views of children (article 7 of the ACRWC)
106.Freedom of conscience and freedom of opinion of the child are guaranteed in
generic terms in the Constitution as rights, which apply, to all individuals. Thus,
article 36 of the Constitution states that "freedom of conscience and freedom of
opinion is inviolable."
107.However, restrictions similar to those of other countries and accepted by
international human rights instruments, are imposed by the legislature in order to
protect the best interests of the child, his safety, his moral and psychological balance
as well as to ensure the maintenance of order, respect for the law and protect morals.
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