Family in Burundi

The Constitution of Burundi protects marriage and the family and requires the free and full consent of both spouses. The 1993 Family Code remains a central reference. A civil marriage generally requires a minimum age of 21 for men and 18 for women; the governor may grant an age exemption for serious reasons. Minors need the consent of their parents or family council. The notice of intended marriage must be published for at least 15 days. A dowry does not determine the validity of the marriage. A previous marriage must have been dissolved or declared invalid. The Constitution does not recognize same-sex marriage. Traditional or religious marriages may occur, but their legal effect and evidentiary value depend on the specific case. The commune's civil registration office (état civil) registers births and deaths. A birth should be reported within 15 days to the commune where the mother resides. The father reports it first; alternatively, the mother or the person present at the birth may do so. Registration itself is free of charge, but a certificate may involve fees, and a late report may result in a penalty. After the statutory period has expired, the provincial governor authorizes late birth reports. A birth certificate facilitates access to identity documents, school, inheritance, and social assistance. A connection introduced since 2024 between civil registration offices and health facilities is intended to make reporting within this period easier, but it is not equally available everywhere without local verification. Deaths should also be reported within 15 days; registration is free of charge, while a certificate may require payment. Parents jointly bear responsibility for the maintenance, upbringing, and education of their shared children. Parental responsibility, in French parental authority (autorité parentale), generally belongs to both the father and the mother and continues until the child reaches adulthood or is emancipated. Where paternity has not been established, the mother exercises this responsibility. Care and upbringing are based on the parents' means. A court may withdraw parental responsibility in cases of abuse, serious misconduct, or complete incapacity. Guardianship (tutelle) may apply, among other situations, when the sole or surviving parent has died, disappeared, is absent, or has been excluded from parental responsibility. A will, the family council, or a court may appoint the guardian; the decision must serve the child's best interests. Maintenance may be owed between spouses, parents and children, and other relatives in the ascending and descending line. It may be provided in money or in kind. Its amount depends on the needs of the supported person and the available means of the person liable to provide support, and it may change when circumstances change. The local first-instance court (Tribunal de résidence) handles maintenance cases. Access and enforcement may be made more difficult by missing documents, distance, costs, or inability to pay. In cases of separation or divorce, the Family Code initially provides for conciliation involving the spouses and their family councils. Proceedings generally take place before the court of the spouses' marital residence. The court may temporarily suspend cohabitation, secure household assets, and order maintenance. Depending on the child's interests, children may live with the father, the mother, or a third person. Both parents generally retain supervisory duties and must contribute according to their means; the non-custodial parent may receive visitation rights. Divorce does not remove the children's rights to maintenance and other benefits. Domestic violence, neglect, exploitation, sexual violence, forced and early marriage, human trafficking, and child abandonment require protection and referral to appropriate services. Possible points of contact include health facilities, the police, the justice system, social services, child protection committees, and organizations providing case support. Child protection committees often work at commune or community level and may identify and refer cases and arrange psychosocial support; their capacities vary locally. For children without safe family care, family tracing, reunification, and safe care by relatives generally take priority. Guardianship, temporary or alternative care, and adoption have different legal effects and must not be treated as equivalent. Adoption generally requires the prospective adopter to be at least 30 years old and usually requires an age difference of at least 15 years. The competent court, required consents, the family council's opinion, and consideration of the child's views depend on the individual case. After the adoption judgment, the decision must be entered in the civil register. Domestic and international adoptions may involve different authorities and procedures. Burundi has no single universal family service serving as a direct central point of contact. In practice, commune civil registration, courts, family councils, health and social services, child protection structures, kinship support, and targeted social protection programs work together. The Merankabandi social protection program (Merankabandi) supports selected poor or particularly vulnerable households nationwide, including households with women, children, refugees, or returnees; it is not a general family or child allowance. Missing birth certificates or identity documents, long distances, fees, late-reporting penalties, paper registers, limited digitization, floods, insecurity, stigma, and limited social-service capacity can significantly hinder access.