Skip to main content

Article 8 - Proof of Civil Status

  1. Civil status is proved by certified extracts or copies from the civil status registers. A certified extract is conclusive evidence of its contents for the purposes of Kaharagian law, subject to the right of correction or annulment.

  2. Entries in the civil status registers create a rebuttable presumption of the facts recorded, in accordance with the Fundamental Laws. A party seeking to rebut a register entry bears the burden of proof by clear and convincing evidence.

  3. Where a register entry is unavailable, destroyed, or incomplete, civil status may be proved by any admissible evidence, including:

  1. Public or private documents.
  2. Testimony of witnesses.
  3. Medical or scientific evidence, including genetic testing.
  4. Consistent and uncontradicted possession of a civil status.
  5. Any other means recognised by law.
  1. Possession of a civil status — that is, the continuous, peaceful, and public enjoyment of a status such as parent, child, or spouse — constitutes a presumption of that status where it is supported by:
  1. The use of the name associated with the status.
  2. Treatment by the family and community as holding the status.
  3. Recognition by public authorities as holding the status.

  1. A person who contests the accuracy of a register entry may apply to the competent authority for its correction or annulment. The applicant must demonstrate the error or falsity of the entry. Interested parties shall be given notice and the opportunity to be heard before any correction or annulment is ordered.

  2. Foreign civil status documents shall be given effect in Kaharagian law to the extent that they are authenticated and not contrary to Kaharagian public order. Authentication may be established by:

  1. Apostille or legalisation in accordance with applicable international convention.
  2. Certification by a Kaharagian diplomatic or consular agent.
  3. Such other method as the competent authority accepts as reliable.
  1. Where foreign civil status documents conflict with Kaharagian register entries, the competent authority shall determine which record is to be preferred, having regard to the reliability of the source, the proximity of the recording authority to the event, and the consistency of the evidence as a whole.