Family in Mali

Mali's Code des personnes et de la famille and Loi 2011-087 provide the main legal framework for family matters. Mairies and Centres d'état civil handle civil records, while tribunaux, the juge des enfants, social services and the Ministère de la Promotion de la Femme, de l’Enfant et de la Famille handle different family, child-protection and court matters. Extended families, neighbours, religious authorities and community leaders often provide practical care or mediation, but an informal arrangement does not automatically have the same legal effect as a state record or court order. A birth should be declared at a mairie or Centre d'état civil within 30 days. Parents, relatives, a birth attendant, a village chief or another authorized declarant may report it. The birth record is free and a copy costs 100 FCFA; a complete file is often processed in about 24 hours, although rural access, insecurity and missing information can delay the process. After the deadline, a jugement supplétif may be needed. The birth record supports identity documents, school enrolment, vaccination, inheritance and travel. A civil marriage takes place through the mairie. The future spouses generally provide birth extracts and copies of witnesses' identity documents. The ceremony normally takes place at least 15 days after the declaration unless a special authorization applies and no opposition is filed. The extract is free, a copy costs 100 FCFA and the livret de famille costs 1,000 FCFA; additional commune charges can vary. Mali recognizes monogamous and polygamous marriage. In a polygamous marriage, the woman must consent and the husband may have up to four wives at the same time. The usual minimum age is 18 for a man and 16 for a woman; a dispensation for serious reasons may be possible from age 15. A religious marriage must be declared to civil-status authorities within 15 days. Child marriage remains a severe protection concern: UNICEF reported that 54% of women aged 20 to 24 in Mali had married before 18 and 16% before 15. Local prevention may involve Mère protectrice and Fille protégée initiatives, youth groups and religious or community dialogue. Parents hold autorité parentale and generally owe care, upbringing and support to their children. The obligation alimentaire can also operate between relatives and in-laws when one person is in need and the other has sufficient means. It can cover food, housing, clothing and medical care. If one parent dies or loses authority, the other normally acts alone; if both parents die, a tutelle may be established. A third-party garde does not normally end the parents' maintenance and education duties. When a child's health, safety, moral welfare or upbringing is seriously at risk, the juge des enfants can order assistance éducative. The child may remain with family while receiving social or educational support, or may be placed with the other parent, a relative, a trusted third party or an institution. Family tracing, reunification, psychosocial support and alternative care are especially relevant during conflict or displacement. Adoption-protection applications usually go through a Direction régionale for domestic cases or the Direction nationale for international cases, followed by social assessment and a tribunal civil decision. A child older than 13 must consent personally, and the parents or current caregiver generally give consent. Adoption creates duties to provide food, housing, maintenance, education and care while the child's origin and inheritance rights remain protected. Reported costs are about 7,500 to 12,000 FCFA plus a 200 FCFA stamp, and a decision often takes two to three months. Parents or a receiving person or institution can ask the tribunal civil for a partial or complete delegation of parental authority. Both parents should be heard, and consent to adoption cannot be delegated. A file may include an application, the child's birth extract, consent where required, proof of income and identity documents. Reported costs are about 7,500 to 10,000 FCFA, while no public standard deadline is specified. Targeted support is available through programmes such as Jigisemejiri and the Registre Social Unifié for poor or food-insecure households. Access depends on registration, the target area, poverty or crisis criteria and the security situation; this is not a universal family allowance. UNICEF-supported programmes may add cash, nutrition, health, education, child protection and women's or community-group support. Insured employees' households may receive allocations familiales under the Code de prévoyance sociale. The statutory rate is generally 11% of the forfaitaire monthly wage per child, with payment normally made to the chef de famille and, after divorce or death, to the person who has actual custody or charge. A couple seeking divorce applies to the tribunal for the last common residence or the defendant spouse's residence. The available forms include consentement mutuel, rupture de la vie commune and faute. Conciliation is generally required except for mutual consent, and mutual-consent divorce is not available during the first six months of marriage. The agreement or court decision can address custody, education, maintenance and property. A written application, marriage record, birth records for minor children where applicable and a property inventory may be needed; the court deposit is reported as 20,000 FCFA. A rupture de la vie commune can involve at least three years of factual separation or a lasting inability to perform marital duties. Fault can include adultery, serious violence or insult, serious conviction, chronic alcohol or drug dependence or a substantial breach of marital duties. For a wife, failure to provide food, housing, clothing or medical care is also a stated ground. Timing depends on the case, and an appeal or cassation process may suspend effects. A death should be declared at the mairie or through état civil within 30 days by the surviving spouse, an ascendant or descendant, a village chief or council, or a witness to the death. The record is free and a copy costs 100 FCFA; complete files are often handled in about 24 hours. The record supports burial arrangements, inheritance and social support. If a person is missing or death is certain without a body, a court declaration may be required. A widow generally waits four months and ten days before remarrying, or until childbirth if she is pregnant. Family-related services therefore depend on keeping civil records, identifying the responsible authority and obtaining a court or administrative document when an informal arrangement is not enough.