Draft law allows mother to report births, toughens penalty of failing to report from LE200 fine to 5K, year in prison

CAIRO – 28 March 2022: Toughening the penalty of failing to report the birth of a baby in 15 days from a L.E.200-fine to L.E.5,000 and a year in prison is being deliberated in the House of Representatives, according Parlmany news website.

Parliamentarian Hesham al-Gahel introduced the amendments to counter the phenomenon that results in thousands of children in rural areas not being enrolled in schools, becoming victims of early marriage, and being invisible before the law.

The law will also clearly stipulate that mothers may apply for a birth certificate even if the husband is absent. Two court rulings in March 2015 and June 2021 gave mothers the right to produce the birth even if the husband is not available or even denies his fatherhood as long as the mother has the documents that prove her marriage to him. However, it has been reported that employees still demand the presence of the father or one of his first-degree relatives to agree to issuing the birth certificate.

The amendments even suggest that urfi marriage certificates are accepted, but all birth certificates may be changed if the husband did a DNA test that proves he is not the father.

Those who may report the birth are as follows, and they are penalized in the same order if they failed to report it:

1 – The mother if she has a marriage certificate.

2 – Directors of hospitals and penal institutions, as well as any other place in which the birth occurred.

3 – The mayor of a village.

4 – Those who witnessed the birth of adult first and second degree relatives and in-laws.