Family in Mozambique

Mozambique has a national family framework, but family support is distributed across public services, community and religious authorities, traditional leaders, relatives and non-governmental organizations rather than one nationwide family service. The term agregado familiar describes people who share housing, food or household expenses, whether or not they are legally related; it does not automatically establish a legal family relationship. Extended relatives, foster arrangements and community care often help households manage illness, disability, old age, orphanhood, displacement and poverty, with access varying considerably between provinces, urban and rural areas, security conditions and household income. Lei da Família, Lei n.º 22/2019, recognizes the family as a social and legal unit and provides rules for marriage and união de facto, a recognized de facto union that can have legal effects. Marriage may be civil, religious or traditional, but free consent, equality and protection of children remain central requirements. União de facto should not be treated as identical to marriage in every matter, especially when a relationship ends or property, support or proof of status must be established. Lei n.º 19/2019 prohibits uniões prematuras involving a child under 18, including an engagement, união de facto or comparable conjugal relationship. Prevention combines school access and retention, household income support, family and community work, reporting duties and safe accommodation. Registo Civil provides the records needed to prove family relationships and identity. Birth registration is compulsory and should generally take place within 120 days, or four months, at a Conservatória or posto at the place of birth or usual residence; some hospitals also provide access. A parent, close relative, hospital or care worker may be able to declare the birth, and missing documents do not automatically exclude registration. If the mother registers without the father present, paternity is not automatically established; later reconhecimento or perfilhação may provide a legal process for recognition. Registration up to age 13 can generally use a posto or Conservatória, while registration from age 14 requires a Conservatória and a justification procedure. The birth certificate supports schooling, public services, family reunification and inheritance matters. Poder parental covers care, protection, health, education, maintenance and legal representation of a child. When parents are not married or living in união de facto, poder parental may rest with the parent who provides care, depending on the circumstances and the applicable decision. A maintenance claim can be pursued through the competent courts or Ministério Público when informal support does not protect the child. Child protection under Lei n.º 7/2008 involves the Ministry responsible for social action, the Direcção Nacional da Criança, courts, the Ministério Público, services at district level and partner organizations. Under Decreto n.º 33/2015, tutela, família de acolhimento, adoption and temporary institutional care provide alternative arrangements. Removing a child from the biological family should be a last resort; lack of resources alone is not a reason for removal, siblings should not be separated where this can be avoided, and the court decides while Acção Social provides follow-up. A national electronic register for alternative care has been expanding after a pilot in five provinces. Family-based care has priority over residential care, and institutions are a last resort. The National Institute of Social Action (INAS), the Ministry responsible for social action and gender (MTGAS), and district services such as SDSMAS deliver or coordinate non-contributory support. Programs including PSSB, PASD, PASP, PAUS and ProSAS may provide money, goods, institutional assistance, information, case management or family reunification. Eligibility and access depend on the program and location; there is no universal family allowance established by the available national evidence. The Subsídio para a Criança 0-2 J. combines financial support with care and psychosocial assistance for 24 months and is currently available in Cabo Delgado, Nampula, Niassa and Zambézia. Access commonly involves identification, inscrição, screening or triagem through INAS and referrals to SDSMAS. The National Institute of Social Security (INSS) provides a contributory maternity benefit, including a 90-day maternity benefit when the contribution requirement is met. The stated requirement is at least 12 months of contributions during the previous 18 months. Paternity claims require their own birth and identity evidence and may also require proof of marriage or união de facto. This employment-based insurance benefit is separate from non-contributory social assistance and does not create a universal family-benefit entitlement. Lei n.º 29/2009 covers domestic violence, including physical, psychological, sexual, moral, social and economic violence. Domestic violence is treated as a public offence. In an urgent case, the police, a health facility or another receiving service can initiate protection and referral while respecting privacy. A health service that receives a case prepares a detailed medical report for the Ministério Público or police. PRM, health services, the Ministério Público, courts, MTGAS, SDSMAS, specialized services and NGOs may all have a role. Under-reporting, stigma, distance, limited protection capacity and retraumatization can make access difficult; an immediate danger requires prompt contact with local police, health or protection services. Separation and divorce can involve dissolution of the relationship, poder parental, contact, maintenance, housing and property consequences. The Tribunal Judicial and Ministério Público handle relevant formal proceedings, while legal assistance depends on the locality and available organizations. An informal separation can make maintenance, proof of status, protection and service access harder to secure, so identity records, relationship documents, income information, care evidence and safe contact arrangements may matter. Death registration is compulsory and should generally be reported within 48 hours at a Conservatória or posto near the place of death or where the body was found. A family member, hospital, authority or funeral provider may report it. Late registration follows special procedures, and a delay of more than one year requires administrative justification. The death certificate supports burial, inheritance and social-security procedures. Fees, transport, waiting times and processing periods vary by service and place.