Family in Angola

The Angolan Constitution protects the family and recognizes marriage (casamento) and de facto union (união de facto). The Family Code (Código da Família) regulates, among other matters, parentage, adoption, parental responsibility, maintenance and separation. The law on the comprehensive protection and development of children establishes the protection, education, health and adequate living conditions of children as priority state responsibilities. All children have equal rights. In 2024, Angola had approximately 9,110,616 household units with an average of 3.9 members. The average was also 3.9 in urban households and 4.0 in rural households. About 62 percent of households had a male head of household. Households consisting of a couple with children and other people accounted for 30.4 percent, single-parent family nuclei for 27.3 percent and one-person households likewise for 27.3 percent. Households with at least seven members accounted for 17.7 percent. Kinship support and extended families shape everyday life for many households, but a shared household does not prove a legal family relationship. A marriage is a voluntary and legally formalized union. The statutory minimum age is 18. An officially assessed exception may apply to men from age 16 and women from age 15 if the requirements and the child’s best interests are taken into account. A de facto union means voluntary cohabitation without marriage. Recognition normally requires at least three years of uninterrupted cohabitation, the requirements for marriage and compliance with the exclusivity of the relationship. The application is submitted jointly to the Civil Registry Office (Conservatória do Registo Civil); witnesses or a document from the local administration may prove the duration and exclusivity. The parties may choose a matrimonial property regime. After recognition, the legal effects generally apply retroactively from the beginning of cohabitation. In the event of death or separation, judicial recognition may be necessary; the claim period is two years after the end of the de facto union. The administrative procedure under Presidential Decree 36/15 (Decreto Presidencial 36/15) allows the recognition or dissolution of a recognized de facto union by mutual agreement. Registration with the Civil Registry (Registo Civil) provides proof of key family events. A birth should normally be reported within 30 days. For children from zero to five years of age, the birth entry and the first birth certificate are free of charge. Registration offices include Civil Registry Offices, municipalities and communes, lojas, and certain maternity clinics and health posts. A birth certificate is often required for school, vaccinations, identification and travel. A marriage is also registered and subject to fees; a death should be reported within 48 hours and results in a fee-based death certificate that can be issued immediately after reporting. The responsible authority is the National Directorate for Registry and Notary Services in the Ministry of Justice. Legal parentage (filiação), meaning the legal attribution of a child to their parents, arises in particular through entry in the Civil Registry and takes effect from birth. Parents share responsibility for custody, supervision, support, health and education. Children are generally subject to parental authority. In family-court proceedings, the wishes of a child aged ten or older are heard; the court decides according to the child’s best interests, development and social integration. Adoption arises only through a court decision in voluntary court proceedings. This includes a social and factual assessment, the involvement of the children's curator (curador de menores) or the legal representative, and personal consent before the court or in an authentic instrument. A private agreement does not replace an adoption. The Tribunal may order a tutela for a child or dependent person if the parents are unknown, absent or deceased, parental authority has been withdrawn, it has not in fact been exercised for more than one year, or an adoption has been revoked. The guardian must be an adult, legally capable, suitable and financially able, and must not have a conflict of interest. The Family Council (Conselho de Família) and a child aged ten or older are heard. The activity is generally unpaid; justified expenses may be reimbursed. Maintenance (Alimentos) may include, depending on the claim, living expenses, health care, housing and clothing, as well as education and schooling for minors. Persons entitled to maintenance include, among others, minors and people unable to work who lack sufficient means. The order of priority generally begins with parents or adopters and may extend, depending on the case, through other relatives to siblings or a stepparent. The amount depends on need and ability to pay; for minors with ascertainable income, approximately at least one quarter and at most one half of the relevant income is stated. Payments are made monthly, generally by the tenth day of the month, and normally begin from the agreement or the claim. The Tribunal may order provisional maintenance or enforce payment through the employer. Spouses and legally recognized partners support each other; children owe their parents respect, care and support. For maternity, Presidential Decree 95/26 (Decreto Presidencial 95/26) provides for three months of maternity leave. Leave may begin up to four weeks before the expected date; in the case of a multiple birth, four weeks are added after the birth. If SAVI confirms a special medical situation, the pre-birth leave may last a maximum of 180 days. Entitlement to the benefit requires twelve contribution months during the last 36 months. The benefit equals three times the average of the last twelve reported wages, while the advance benefit is 60 percent; payment should be made within 30 days. The father assumes this benefit only in the event of proven physical or psychological incapacity or the mother’s death. For self-employed and unemployed people, the Entidade Gestora da Protecção Social Obrigatória is responsible. The breastfeeding allowance (Subsídio de Aleitamento) supports parents or guardians of children from zero to 36 months. With three contribution months during the last twelve months, it amounts to 6,000 Kz per month for up to five minimum wages, 4,000 Kz for more than five and fewer than ten minimum wages, and 2,000 Kz for more than ten minimum wages. The benefit is paid three times a year. The application is submitted electronically with the birth registration and vaccination card; an annual or digital vaccination record prevents suspension. The Family Allowance (Abono de Família) is intended for insured persons and pensioners under compulsory social security, begins from month 37 of life and is limited to a maximum of five children. Requirements include, among other things, birth registration, registration as a dependent, the vaccination schedule and school attendance with promotion or a learning disability confirmed by SAVI. The monthly amount per child is 2,400 Kz for up to five minimum wages, 1,500 Kz for more than five and fewer than ten, and 900 Kz for more than ten. Proof is provided annually in the first quarter; after the application, payment is made in the following month. The Ministry of Social Action, Family and Gender Promotion (MASFAMU), INAC, the Gabinetes Provinciais da Acção Social, Família e Igualdade de Género, municipal administrations and CASI social action centers (CASI) provide advice, registration and referrals depending on the location. CASI assesses social vulnerability and may help with birth registration, the Bilhete de Identidade, health care, violence against family members and productive inclusion. Kwenda and FAS-IDL work with the Unified Social Register (Cadastro Social Único), targeted cash transfers and productive inclusion. These programmes do not replace a general family allowance; support depends on contribution periods, vulnerability, registration and the criteria of the respective programmes. Violence against women, men, children, older people and young people falls under the protection of Law 25/11 (Lei 25/11). Victims may receive protection accommodation, priority evidence collection and free institutional support. The Ministério Público or a court may order a provisional protective measure within no more than 72 hours. Advice centres operated by MASFAMU, GASFIG, the police, SIC, health services and courts may take up a case. The SOS Criança child helpline (SOS Criança) is available at 15015 free of charge, anonymously and confidentially through INAC; the number 15020 is available for domestic violence. In acute danger, private conflict resolution does not replace a protective measure. The recorded risks show a particular need for support: 27.1 percent of women aged 15 to 19 were already pregnant in 2023/24, compared with 42.5 percent in rural areas and 20.0 percent in cities. 26 percent of adolescents in this age group reported physical violence and 6 percent sexual violence. Among children aged one to 14, 67 percent experienced violent discipline, 21 percent severe physical punishment and 62 percent psychological aggression. 14 percent of five- to 17-year-olds worked, 12 percent under hazardous conditions. For 28 percent of women aged 20 to 49, the marriage began before their 18th birthday. Lack of documents, avoidance of maintenance obligations, school dropout, neglect, poverty and rural access barriers can place additional strain on families. A divorce may be requested jointly or unilaterally. Questions concerning parental authority, child maintenance, spousal maintenance and the family home may be combined with the proceedings. The Tribunal considers the child’s best interests; an agreement between the parents concerning parental authority requires judicial approval. Mediation under Law 12/16 (Lei 12/16) may be used for parental authority, divorce, reconciliation, maintenance and the family home, either out of court or during a suspension of proceedings. It does not automatically have the effect of a court decision. Upon death, the marriage ends; a recognized surviving spouse or partner may under certain circumstances claim maintenance from estate income. A survivors’ pension, family allowance and funeral benefit are mandatory social-security benefits, while inheritance law itself falls within civil law.