Source: UN Committee on the Rights of the Child
Concluding observations on the combined third and fourth periodic reports of Morocco
Birth registration/Name and nationality
30. The Committee welcomes the recognition of filiation through the mother in the 2004 reform of article 6 of the Family Code. The Committee is, however, concerned that rural women often remain unaware of their right to transmit Moroccan nationality to their children. The Committee is also concerned that:
(a) Unmarried mothers can transmit their names to their children only if the father gives his consent to this transmission;
(b) Fourteen per cent of children remain unregistered in the State party, and a significant number of children abandoned at birth remain unregistered as recognized by the State party itself;
(c) Migrant and asylum-seeking parents face difficulties in obtaining official birth registration certificates for their children, as they cannot afford the medical fees to be paid before obtaining an avis de naissance;
31. The Committee urges the State party to:
(a) Adopt all the necessary measures for an effective implementation of the nationality law reform, and amend article 16, paragraph 7, of Law No. 37-99 in order for all mothers without discrimination to be able to transmit their family names to their children.
(b) Ensure that all children born on its territory, irrespective of their parents’ status or their legal residence permits, are registered and provided with official birth certificates immediately, without any undue barriers;
(c) Abolish the fees imposed for obtaining a birth certificate, extend the short period of time (30 days) for the registration of newborns and facilitate the provision of birth certificates to all refugee children who still do not possess one; and
(d) Consider ratifying the 1961 Convention on the Reduction of Statelessness.
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