Family in San Marino

San Marino recognizes civil marriage, religious marriage with civil effects, civil unions and certain long-term cohabitation arrangements. Legge n.129/2022 defines family broadly to include spouses, civil-union partners, de facto cohabitants, relatives and in-laws up to the third degree, and foster or adoptive parents; the people concerned do not always have to live together. A cohabitation more uxorio of at least 15 years can also matter for certain consequences after separation. The Ufficio di Stato Civile handles marriage publications and civil-union registration. The couple normally submits a personal request for marriage publications about 30 days before the ceremony. The publications remain displayed for at least eight days. The publication fee is €50. Citizens and residents are exempt from the State Civil Status Office ceremony fee, while foreigners pay €300; special venues can add approximately €100 to €800 under the applicable tariff. Marriage before the age of 18 is generally excluded. An exception from age 16 requires very serious reasons, a decision by the Commissario della Legge acting as Giudice Tutelare and an assessment of psychological maturity. The spouses can choose comunione or separazione dei beni through a notary, with the arrangement deposited at the Ufficio di Stato Civile. A civil union is registered before the Ufficiale di Stato Civile with two witnesses. Its dissolution can be made jointly before that officer, while a unilateral dissolution follows the ordinary court procedure for separation. A birth is normally reported to the Ufficiale di Stato Civile within ten days. A late report is referred to the Tribunale. For married parents, one parent, both parents, an authorized representative or the birth attendant can report the birth. Where the parents are not married, both can make a joint recognition, the mother can register the child without naming the father, and the father can act alone only when the mother does not wish to be named. The child can receive the father’s surname, the mother’s surname or both in a chosen order, with a maximum of two elements. The first surname choice binds later common children. Parents generally exercise joint potestà, meaning parental authority and responsibility, until the child reaches majority or is emancipated. They represent the minor and manage the child’s assets jointly. A special asset-management arrangement requires authorization from the Commissario della Legge. When parents disagree about a major matter, the Commissario della Legge decides, and a child aged 14 or over is heard. A child aged 16 or over can be required to contribute to the family household’s support. Children also have a lasting duty to provide moral and material support to parents or other ascendants who are in need. The ISS provides pregnancy, postpartum and parenting support through UOS Salute Donna and the Servizio di Accoglienza, Consulenza ed Assistenza per la Maternità Consapevole. Counseling for pregnancy, the puerperium, adolescence, contraception and sexual health is free; the youth clinic serves people up to age 20. Termination of pregnancy under Legge n.127/2022 is free through the ISS, and a minor needs the Giudice Tutelare. An employee should notify the employer of pregnancy no later than the twelfth week. Standard maternity leave covers 30 days before and 60 days after birth, with earlier leave possible for health risks, up to 60 days before birth. The pregnancy and puerperium leave can last up to 150 days. A self-employed worker with a serious pregnancy risk can receive 100% of the average income from the previous three years, for up to seven months after birth. A father can take ten paid days at 100% within five months after birth, either continuously or separately. Parental leave can extend to 18 months of the child’s age, or 24 months for multiple births, and the parents can alternate it. Compensation is generally 40% of net income up to the child’s twelfth month and 20% for the remaining period up to 18 months when no nursery is used; for multiple births, the rates are 60% and 30%. A further two months for the father can be taken up to the child’s third year without pay or, where applicable, with 20% compensation. The employee should return to the same or an equivalent position and receives protection against dismissal connected with these rights. Adoption and foster care use different procedures. For domestic adoption, the Commissario della Legge and Servizio Minori assess abandonment or the absence of suitable parental care, issue temporary protection measures where needed and determine adoptability after the Servizio Minori gives its opinion. International adoption is coordinated by the Segreteria di Stato per gli Affari Esteri as the Sammarinese Central Authority and by the Ufficio per le adozioni internazionali. The process can rely on the Hague Convention, bilateral agreements and authorized agencies; current authorized-agency lists were available for 2024 and 2025. Reliable standard fees and processing times were not established in the reviewed sources. Affidamento familiare places a child temporarily with an assessed family or individual and does not automatically lead to adoption. UOS Tutela Minori keeps a register of suitable carers for children affected by violence or lacking a suitable family environment, and the ISS can pay a contribution under objective tables. A consensual separation takes effect only after Omologazione by the Commissario della Legge. The decision addresses the child’s interests, care arrangements, contact, education and maintenance. The court considers income, assets and actual care provided. It can give preference for the family home to the caregiving spouse or the economically weaker spouse, revise arrangements when circumstances change and order security, direct payment by third parties or seizure when maintenance is not paid. A financially weaker separated spouse may claim maintenance and, in some circumstances, support payments. Divorce or dissolution of the marriage is available after at least two years of uninterrupted separation or on other statutory grounds. A periodic allowance can remain possible after divorce, and obligations toward children continue after remarriage. Family violence can be reported to the Forze dell’Ordine, which can provide immediate protection. When a minor affected by violence needs protected accommodation, the Giudice Tutelare must be informed within 24 hours. ISS social services and UOS Tutela Minori provide continuous on-call availability. Reports can involve the Gendarmeria’s Ufficio violenza di genere e contro minori, UOC Salute mentale and UOS Tutela Minori. Legge n.140/2014 strengthens protection and criminal provisions concerning violence and mistreatment. The ISS separates support for parenting skills and direct access to service information from social investigations, child protection and court monitoring under Legge n.129/2022. For low-income families, the State can cover expert costs ordered by the Giudice Tutelare when the family meets the minimum-income condition. A further family and birth reform proposal was still awaiting its second reading on 12 September 2026 and should not be treated as current law. The Nido d’Infanzia serves children from about three months to three years. Scuola dell’Infanzia starts at age three and tuition is free. Priority access to a nursery can apply to orphans, abandoned children, children with disabilities, single parents without family support and families facing serious economic, psychological or social problems. Current fees and waiting periods are not fully documented in the available sources. Work-related family rights include 12 paid hours of prenatal examinations per parent, five unpaid hours per year for a child’s medical care and five paid hours per year for school meetings until the child reaches 18. A parent can take unpaid leave for the full duration of illness of a child under six, and ten working days per year for a child aged six to 14; the limit can rise to 15 days for several children. Caregiver leave can cover up to four-fifths of the contractual weekly hours per month, with 100% net pay and CASI certification; in some cases both parents can divide it equally. Special leave for a child with a serious illness can last up to two years and is paid only when average annual family income is no more than €20,000; otherwise job protection can remain without pay. Serious family reasons can justify up to two years of unpaid, divisible leave. Shared annual leave, part-time work until a child turns three and part-time work for three years after adoption or foster care are also available in the stated conditions. Employers must examine justified flexibility requests from employees caring for a child under 14 or another person who requires care. Older-person care is organized through UOC Assistenza Residenziale Anziani and ISS home-care services. Residential access generally starts at age 65 and requires citizenship or at least two years of residence, an active ISS code and a BINA assessment above 290. The application goes to UOCARA and can be submitted by the older person, a tutor or an amministratore di sostegno; the spouse and all children sign the application. Applications are generally submitted by the tenth of each month, followed by a multidisciplinary home and needs assessment normally completed by the end of that month. Waiting-list position and facility choice affect placement. Home care is provided through ISS Cure Primarie and Assistenza Domiciliare. The current personal contribution was not reliably established in the reviewed source. The Ufficio di Stato Civile registers deaths and administers mortuary police and cemeteries. Family-related inheritance issues include the statutory rights of children and spouses and the rights of separated or divorced spouses. Detailed inheritance questions belong mainly to civil law, while the family context concerns the transition of rights and responsibilities after death.