Family in Comoros

The Code de la famille recognizes married couples with or without children, single mothers and fathers, and the famille élargie, meaning the extended family. Marriage is a central legal basis for family status. Adoption is limited to adoption simple: the child keeps the original family name and inheritance rights rather than receiving a completely new legal family relationship. Both prospective spouses generally need to be at least 18 years old. A judge may grant an age exemption only for a serious and legitimate reason with mutual consent. The marriage must be Muslim under the Code, and both parties must give free consent. A wali, the woman's marital guardian, is required, together with two adult Muslim male witnesses and a certificat prénuptial. The ceremony takes place before the competent judge, and the marriage must be declared to the état civil, the civil registry, within five days. The livret de famille, or family record booklet, is issued when the marriage is registered. The Code recognizes plural marriage and requires information to be given to an existing wife and a future wife. The mahar or dot has no fixed minimum or maximum amount and belongs to the wife. An unauthorized marriage may lead to a fine of 350,000 to 750,000 Comorian francs. Marriage creates duties of cohabitation, assistance, respect and fidelity. The Code assigns the husband moral and material family leadership and nafaqat, the duty to provide maintenance such as food, clothing, housing, education and healthcare. The wife has full civil capacity and may freely manage her personal property. Local housing and building practices can also affect how spouses live together. Parents share parental authority, called wilayat, and must protect children from abuse and ensure their education. Maintenance continues for a minor child and may continue after adulthood when the child remains in need. The duty can continue for an unmarried daughter. Children may also owe support to their parents and, where applicable, other ascendants. Family abandonment includes leaving the household, abandoning a pregnant wife, serious neglect or failing to pay a court-ordered maintenance pension. Garde means custody and day-to-day care. Courts generally prefer the mother until the child reaches discernment, usually around seven years, then the father and afterward a maternal relative, but the child's best interests control the decision. The child may choose between parents after reaching discernment, and the other parent retains visiting rights. Kafala or délégation parentale can transfer care through a notary or judge. The arrangement is revocable, does not create new filiation or inheritance rights, and requires a delegate who is an adult, Muslim, available and trustworthy. A person who takes in a child must notify the administrative authority within eight days; if no one reclaims the child for three months, a court may issue the delegation. Comoros has no verified uniform nationwide foster-care pathway. Births and deaths must be reported within 15 days. A father, mother, ascendant, close relative or birth attendant may report a birth. Birth registration itself is free, while a birth certificate has a fee. A late birth can require a jugement supplétif, a court order issued by a Tribunal de première instance or Tribunal du Cadi. The birth record supports proof of identity, school access and voting rights. Deaths also require registration within 15 days. Civil-status administration still uses manual paper processes in part, while a 2024-2028 modernization effort is led by the Ministère de l'Intérieur with partners. Separation can result from twalaka, a husband's divorce declaration, three twalaka, death or a judicial divorce requested by the wife. Faskh is judicial dissolution on grounds such as unpaid maintenance, absence for at least six months, illness or violence. Courts commonly attempt conciliation first. Khol allows a wife to seek dissolution in return for compensation; the judge may control an excessive amount. The judge can determine housing, property, custody, maintenance, visiting rights and support for the mother, with the child's interests considered. A divorce must be transcribed in the civil registry. A widow's waiting period is four months and ten days when she is not pregnant, and lasts until birth when she is pregnant. Family planning remains difficult in many households. The 2022 MICS recorded modern contraceptive use among married women at 8.6%, compared with 14% in 2012, and an unmet need of 36.9% nationally. Unmet need means that a person wants to delay or avoid pregnancy but is not using a suitable method. It was 52.4% among married women aged 15 to 19 and 79.2% among unmarried women aged 15 to 19. Regional figures also differ: unmet need was 11.5% in Ndzuani, 6.2% in Ngazidja and 39.4% in Mwali. Rural travel, stock-outs and transport costs can limit access. ASCOBEF, the Ministère de la Santé, UNFPA, communities and religious leaders support information and services. Child marriage and early motherhood are documented family risks, with more than 30% of girls identified in a 2023 UNFPA report. A service d'écoute et de protection can provide psychosocial, medical and legal support, post-rape care, sexually transmitted infection screening and referral to a hospital. The Délégation Générale des Droits de l'Homme and the Ministère de la Santé are relevant public actors, while UNICEF supports child and women protection. Stigma, discrimination and financial dependence can lead to underreporting, and no single nationwide access or fee standard has been verified. Comoros has no verified universal family or child allowance. Targeted and project-based safety nets include cash transfers, cash-for-work and cash-plus or in-kind assistance for poor or vulnerable households, nutrition, early childhood, education and women's economic activity. In 2023, emergency cash transfers covered 21,556 vulnerable households, and 185,435 people were recorded as having access to safety-net support. Eligibility, duration and amount depend on the program, so these figures do not create a general entitlement. There is also no separately verified nationwide family-counselling standard. Ministries, communes, courts, health services and organizations such as ASCOBEF each cover different parts of family support and protection.