Family in Bolivia

Bolivian family law is based mainly on the Constitution, the Family and Family Procedure Code (Código de las Familias y del Proceso Familiar, Law 603), the Children and Adolescents Law (Law 548), the Law against Family or Domestic Violence (Law 348), and the Law on the Protection of Older Persons (Law 369). The Civic Registry Service (Servicio de Registro Cívico, SERECÍ) registers births, descent, recognition of children, marriages, common-law unions (unión libre), divorces, and deaths. These records are often needed for further family procedures, identity documents, and benefits. A civil marriage is concluded before the competent civil registry office (Oficialía) or the SERECÍ. Requirements include, among other things, free consent, legal capacity, adulthood, and the absence of legal impediments to marriage. Since September 24, 2025, marriages and unión libre involving persons under 18 have been invalid from the outset under Law 1639 and cannot be confirmed later. An unión libre is a stable, intended-to-be-permanent common-law union with personal and property-law effects similar to marriage. It may be registered jointly or unilaterally with the SERECÍ, or established by a court in cases of dispute, death, or missing documents. Registration of same-sex unión libre is possible under TSE Resolution 0175/2023. Parents have shared duties toward their children, including affection, food, housing, health care, education, protection, representation, and support. Descent may be acknowledged voluntarily or established by a court; children have the same legal protection regardless of their parents’ marital status and in cases of adoption. Family maintenance (asistencia familiar) means enforceable financial support within the family. It may include food, health care, education, housing, clothing, and recreation, and is determined according to need and ability to pay. The statutory minimum is linked to 20 percent of the National Minimum Salary (Salario Mínimo Nacional); the current minimum wage and the specific calculation must be checked in the relevant proceeding. A separation does not end parental responsibility. Parents may agree on care, custody (guarda), visitation, and support; in conflicts, the competent family court decides. Shared care may be considered when the child’s stability and continuity are secured. The child’s opinion is taken into account according to age and maturity, and contact with the separated parent depends on the child’s safety. In cases of violence or coercion, a private agreement is not sufficient. In cases of physical, psychological, sexual, or economic violence, assistance may be available depending on the location through the Municipal Comprehensive Support Service for Women (SLIM), the police or the specialized police unit for violence against women and families (FELCV), the Public Prosecutor’s Office (Ministerio Público), and forensic, psychological, or social services. Mandatory mediation is not permitted in cases of violence. The Municipal Ombuds Office for Children and Adolescents (Defensoría de la Niñez y Adolescencia) is a first point of contact for neglect, exploitation, human trafficking, missing children, or unsafe care. Its purpose is to preserve or restore safe care within the family or community; a private handover or payment for a child does not replace a protection procedure. Adoption takes place through a child-protection and court procedure. National applicants have priority over international procedures. The participants include the competent departmental specialist office, the Defensoría, and the family or juvenile court; for international adoptions, the Ministry of Justice (Ministerio de Justicia) acts as the central authority. For older people aged 60 and above and for people with disabilities, families have duties of support and protection. There is no evidence of a uniform nationwide public long-term care service; in many regions, relatives, communities, and municipal services provide care. Pregnant women and children under two years of age without short-term social insurance may, subject to conditions, receive the Juana Azurduy maternity benefit (Bono Juana Azurduy) and the Universal Prenatal Subsidy for Life (Subsidio Universal Prenatal por la Vida). A report by the responsible ministry for 2026 states that support may last up to 33 months and total up to Bs 1,820; registration at the health center, identity documents, and birth and health records are relevant for access. In the event of a death, the SERECÍ issues the death certificate. For legal advice and, where appropriate, free representation for people with low income, the legal assistance service SIJPLU may be responsible. Distance, missing documents, language barriers, costs, migration, poverty, and limited authority capacity make access especially difficult in remote areas. Indigenous peasant communities may handle internal family matters according to their own norms, provided that the constitutional requirements are met and fundamental rights remain protected.