Family in the Democratic Republic of the Congo

The central law is the Family Code (Code de la Famille). Marriage requires free consent and a minimum age of 18 for all genders; a child may not marry. A purely religious ceremony does not create civil effects. A family-celebrated marriage (mariage célébré en famille) may have legal effect if it complies with the law and public order. The marriage should then be registered with the civil registry (état civil) within three months. The spouses or an authorised person, together with one adult witness each, appear for this purpose. After the deadline, registration may be completed through the Peace Tribunal (Tribunal de paix). A civil marriage takes place directly before the civil registrar. The bride price (dot) is regulated by law. The former marital authorisation requirement has been abolished; spouses generally manage the household, property and shared burdens jointly and owe each other respect. If customs conflict, the woman's custom applies. Birth notification is mandatory and should take place within 90 days. Registration within the deadline is generally free; late registration may result in a penalty and an additional court procedure. The declaration may be made by a parent, an ancestor, a close relative, a person present at the birth or a person authorised in writing. A birth certificate facilitates identification and is needed for purposes including school, healthcare, travel and inheritance. In the data reviewed, only about 34 percent of children under five were registered. Copies of certificates or services provided by a health facility may involve additional fees. Parents and other legal caregivers are responsible for care, nutrition, education, health and the management of the child's property. Children have these rights regardless of their parentage; all children in the country's territory enjoy the protection of children's rights. A child may be heard by a court according to the child's age and maturity. If no parent can exercise parental responsibility, the Children's Court (Tribunal pour enfants) or the Peace Tribunal may order guardianship (tutelle). A family council (conseil de famille) participates in the selection; if no suitable person is available, the state may assume guardianship. No nationally uniform family service for older, disabled or other dependent adults was found in the official sources reviewed. In practice, households, relatives and communities therefore usually provide care, where necessary with support from local social services. Social support is not documented as a nationwide universal family benefit. Assistance is generally based on specific risks, separation, displacement, nutritional distress or child-protection concerns and is referred through the Ministry of Social Affairs, Humanitarian Action and National Solidarity (Ministère des Affaires sociales, Action humanitaire et Solidarité nationale), provincial social affairs services (DIVAS), local bodies and humanitarian organisations. In the east of the country, armed conflict frequently separates children from their relatives. A typical pathway consists of a report by the community, temporary placement with a foster family (famille d'accueil), case management, psychosocial support, tracing relatives, and reunification or reintegration. Access and duration depend heavily on security, infrastructure and the programme. Time-limited cash assistance, such as two payments of 50 US dollars each for 70 foster families in Goma in 2025, consists of local programmes and is not a general entitlement. In cases of lasting marital breakdown, divorce may be requested. A unilateral separation of at least three years creates a legal presumption. The application may be submitted in writing or orally to the president of the Peace Tribunal at the other spouse's place of residence or at the last shared residence. The court first conducts a mandatory reconciliation phase; if it fails, regular proceedings follow in private. For children, care is determined according to their best interests. The non-custodial parent generally retains rights of contact and supervision, and both parents contribute to care and education according to their means. Duration and costs depend on the case, court and location. Formal adoption requires a social investigation and a decision by the Peace Tribunal after an opinion from the competent adoption authority. Consent and the child's best interests must be taken into account. Travel abroad in the context of an international adoption has been suspended since 2016 according to the information reviewed; the current status must be checked with the competent authorities before any proceedings. In the event of death, a relative or informed person must generally report the death within 30 days. The Family Code also regulates maintenance and succession; surviving and other relatives may have maintenance obligations or inheritance rights depending on the statutory order.