This is an English translation of Mali’s Marriage and Guardianship Code if you wish to refer to the origninal French version click here



Kinship Law
Law No 73-036 of 31 July 1973

CHAPTER ONE: General Provisions
ART. 1 Kinship results from common blood, marriage or adoption.
ART. 2 Consanguinity is the relationship between two persons when one descends from the other or who are both descended from a common ancestor.
ART. 3 Consanguinity is determined by descent. It has its normal origin in marriage. It can be born out of wedlock.
ART. 4 Kinship by alliance has its foundation in marriage.
ART. 5 Adoptive parenthood is established by a legal act.
ART. 6 The relationship of kinship are determined by lineage.
The lines are direct or collateral, paternal or maternal.
ART. 7 Direct kinship is that which is lineally between ascendants and descendants.
ART. 8 The collateral kinship is that which exists between people who have a common ancestor without descending one from the other.
ART. 9 The paternal line is formed by all the relatives to which a person is bound through his father.
The maternal line, refers to those to which a person is bound through his mother.
ART. 10 Those who belong either to the two lines at once, only to the paternal line, or only to the maternal line, are respectively related by german relatives, blood relatives, uterine relatives.
ART. 11 lines of kinship are divided into degrees.
The degree corresponds to a generation.
The generation represented by a common origin is not counted in determining degrees of kinship.
ART. 12 The degree of kinship in direct decent corresponds to the number of generations between ascendants and descendants.
ART. 13 The degree of collateral kinship is calculated by counting the generations that separate one of the relatives of a common ancestor and that of the other relative.
ART. 14 The parents of one spouse are tied to the other spouse in the same line and the same degree.
ART. 15 Kinship creates obligations.
It gives rise to disabilities.
The nature of these impediments and obligations are determined by law.
ART. 16 The list of persons united by the ties of kinship defined in Article I form the social family in which exists the nuclear family consisting of father, mother and their children.
ART. 17 All family members descended through males from a common ancestor carry the same family name.

CHAPTER II: Name
ART. 18 Any individual must have a surname and one or more names.
ART. 19 Any individual may have a nickname, a pseudonym.
ART. 20 The surname is acquired by descent, marriage, by decision of the administrative or judicial authority.
ART. 21 The surname is immutable, inalienable and indefeasible except in exceptional cases provided by law. Any change of name of an ascendant entails a change of name of juvenile offspring. It involves renaming major descendants who request it.
ART. 22 The given or first name serves to distinguish members of a same family.
It is given to the child by his or her parents or by the authorities under section 54. It can only be changed by administrative decision.
ART. 23 A married woman acquires the use of the name of her husband without losing the right to her surname.
This acquisition is lost by divorce.
A widow remarried can not keep the name of her former husband.

CHAPTER III: Filiation
Section I: Acquisition of lineage by birth

ART. 24 The proof of parentage results from the presumption of legitimate paternity, voluntary or judicial recognition.
ART. 25 The parentage of any child born or conceived in wedlock is established with full rights in respect of the spouses, even if their marriage is voided. However, the husband has the power of denial.
ART. 26 The minimum duration of pregnancy is 180 days, the maximum duration is 300 days.
A child born 180 days at least after the marriage is considered issued from this marriage.
A child born within 300 days after the dissolution of the marriage bond is also considered to be issued from the dissolved union.
ART. 27 A child born more than 300 days after the dissolution of previous marriage is only considered the legitimate child of the new spouse unless denied or disputed.
ART. 28 A legitimate child carries his father's name.
ART. 29 Children born outside of marriage, other than those born of adulterous trade, are legitimized by the subsequent marriage of their father and mother, when they were legally recognized prior to the marriage or at the time of its celebration. In the latter case, the officer of civil status who oversees the marriage will note the recognition and legitimacy in a separate document.
ART. 30 The illegitimate children are legitimized in the following cases, the subsequent marriage of their father and mother, when they recognize at the time of the marriage in the manner prescribed by Article 29 above:
1. Children born through adultery of the mother, when they are disavowed by the husband;
2. Children born of adulterous affairs of the husband.
ART. 31 The legitimized child takes the father's name even if he or she had previously carried by another name.
ART. 32 When the children referred to in Articles 29 and 30 has been recognized by their father and mother, or one of these after their marriage, this recognition shall carry legitimacy only by virtue of a ruling by the civil court.
ART. 33 Any legitimation will be noted in margin of the ligitmate child's birth certificate and will take effect from the date of birth.
ART. 34 The parentage of a child born out of wedlock may be established by the concurring statements of its authors.
ART. 35 The parentage of children born out of wedlock is established with full legality with regard to the mother mother by the simple fact of the birth.
ART. 36 In respect of the father, proof of parentage of children born outside marriage results from a recognition or a trial.
When recognition does not result from the birth certificate, it is made by an act prepared by the registrar or notary.
ART. 37 Offspring of adultery can be recognized as provided by Article 30 of this Act.
ART. 38 For the recognition of paternity to be valid, it must be confirmed by the mother of the child.
ART. 39 The presumed father and mother should be endowed with discernment, their statements should not be proven false by reason or probability and the acknowledged child must be of unknown parentage.
The lack of any of these conditions will cause a cancellation of the recognition.
ART. 40 When the authors of recognition are incapable, the statement is made or confirmed by their legal representatives.
ART. 41 When the recognition concerns an adult offspring it must be accepted by the child.
ART. 42 The regular recognition of paternity is irrevocable.
ART. 43 No new paternity of the child is admitted as long as the first has not been canceled.
ART. 44 If the conception of a child happens at the time of an abduction or rape of which his mother was a victim, a judicial declaration of paternity can be obtained for his benefit in respect of the author of the kidnapping or rape when the child has been considered without a father or when he has been denied.
ART. 45 A judicial declaration of paternity may also be obtained in the following cases:
1. In the case of common-law cohabitation;
2. Where the alleged father acted as father of the child.
ART. 46 An action to establish paternity is brought by the mother of the child.
In case of death or incapacity of the mother, the action is brought by his legal representative or that of the child.
ART. 47 The establishment of the facts constituting the kidnapping or rape is sufficient to retain the paternity of the author of these acts, unless it is proved conclusively that the child was not conceived by works of the man who kidnapped or raped the mother of the child.
ART. 48 Any person may obtain judicial recognition of parentage by being judged that:
1. a marriage having taken place and a child being born of this marriage, he or she is this child;
2. recognition was made voluntarily, he or she is that recognized child;

3. a woman gave birth to a child, he or she is that child.
ART. 49 Any child born outside marriage has the right to seek the existence of parent-child relationship with other people.
If his or her legal representative did not bring the action, he or she may engage it as soon as he or she acquires the capacity to act for him or herself.
ART. 50 The applicant shall provide by all legal means, the proof: either of the relationship that the alleged father had with his or her mother during the legal period or that he or she was treated by a man, by a household, the relatives and society as being the child of this man or issued from this household.
ART. 51 A recognized child carries the name of his father even if he formerly used that of his mother.
ART. 52 A child born out of wedlock will receive, upon registration of the birth, the mother's name.
The child will continue to bear that name unless acknowledged by a father.
ART. 53 A child born out of wedlock whose paternity is established following an admission of paternity or a judge's decision, received the lineage of the family's ancestors.
He enjoys the same rights and same obligations and impediments as the legitimate child.
ART. 54 The child of unknown parents will receives one or more names that will be allocated by the registrar or judge, in the case that he or she has none.
ART. 55 The proof of paternity legally unknown at the death of a person may intervene on behalf of that person's descendants.

Section II: Adoption Paragraph I: General Provisions
ART. 56 Any person may adopt a child or children, either to ensure the maintainance, education, and physical or legal protection they need, or to obtain an heir.
In the first case, it is the "adoption-protection" which creates or strengthens between adopter and the adoptee the rights and obligations as provided in paragraph 2 of this section.
In the second case, the "adoption-paternity", which establishes ties similar to those resulting from legitimate filiation.
ART. 57 No one shall be adopted by multiple people unless it is by spouses.
However, in case of death of the adopter,or adopters a new adoption can be pronounced.

Paragraph II: Adoption-Protection
ART. 58 Any adult person may collect one or more minor children in a state of material or moral abandonment or which are simply given by the parents.
Adoption-protection takes place under the rules of tradition, regardless of the number of children and without other conditions than effectively taking on the care. It is exercised for the benefit of children orphaned or otherwise, without distinction as to affiliation, race, religion or nationality.
ART. 59 A person proposing to adopt a child will present a request to the presiding judge of his home court.
Adoption can take place only if the following conditions are met:
1. there must be proper motives and the adoption must be beneficial to the child;

2. if the adoptee is 15 years old or older, he or she must appear in person and give consent;
3. if the adoptee is under 15 years, the act will be passed by his legal representative;
4. both parents of the adoptee or one of the two if the other is deceased or unable to express his will, must give their consent;
5. if the adoptee has no father or mother, or if they are unknown or if they are both unable to express their will, it requires the consent of the person or the institution having custody of the child and, if applicable, the family council.
Adoption is made by ruling in open court, after investigation and discussion in private.
The prosecution is heard.
ART. 60 The adoption-protection gives to the responsibility of the adopter an obligation to feed, house, maintain and raise the adoptee and to prepare his or her establishment.
ART. 61 The adopter has exercise of parental authority over the adopted child.
He or she should show respect and gratitude to the adopter.
ART. 62 The adoptee must provide food to the adopter when he is in need
ART. 63 The adoption-protection has no effect on the personality attributes of the adoptee, except legal domicile.
ART. 64 The adoption-protection is not subject to inheritance except as provided for by law on succession.
However, gifts made while living by adopter to adoptee or conversely, may be subject to recovery when things given are found in nature in as part of the estate.
ART. 65 The adoption-protection may be revoked at any time for serious reasons or in the interest of the child.
The revocation of the adoption will be done with the same form of requirements as for the act of adoption.
The act of revoking the adoption-protection belongs to the following individuals:


      Paragraph III: Adoptive Filiation
      ART. 66 Only permitted to be the object of filial adoption those children who are abandoned, or whose parents are unknown or whose parents have died leaving no relatives able to collect them.
      Adoption is only otherwise permitted for children under 5 years.
      ART. 67 The adoption may be requested:
      • by a household with neither children nor legitimate descendants, provided that one spouse is at least 30 years;
      • by a single man (single, divorced or widowed) who has neither children nor legitimate descendants and who is at least 30 years;
      • by a woman (single, divorced or widowed) who has neither children nor legitimate descendants and is aged at least 30 years.
      ART. 68 The adoptive filiation may be granted only if it has benefits for the child.
      It is made by ruling in open court, after investigation and discussion in chambers, hearing the public prosecutor. The work or the person who collected the child must be heard.
      ART. 69 The adoptive filiation creates between the adopter and the adopted child the same rights and obligations as those resulting from legitimate filiation.
      The adoptee takes the name of the adopter.
      ART. 70 The adoptive filiation is irrevocable.

      Section III: Acknowledgement of Parentage
      ART. 71 The apparent parentage attributed to a person may be destroyed by a challenge of the state.
      ART. 72 The protest action is exercised by anyone interested.
      It is subject to judicial authorization which is granted only when there are presumptions or indications resulting from sufficiently serious and consistent facts.
      The judge finds any refusal by order subject to appeal.
      ART. 73 The power of denial of recognition given to the father of the child may only be exercised by himself.
      ART. 74 The action for disavowal of paternity may be made for the reasons:
      1.
      the conception previous to the marriage. This pre-date is established when the time elapsed between the conclusion of the marriage and birth a period less than the minimum duration of pregnancy;
      2.the physical impossibility of cohabitation between the spouses at the time of conception, either because of distance or on account of some accident;
      3.adultery by the wife, provided that the woman was not pregnant before adultery and there has been no cohabitation or sexual relations between spouses since the adultery until the birth.
      ART. 75 The paternity proceedings are brought before the court of the last domicile of both spouses. It must be filed by a husband who is present as soon as he becomes aware of the pregnancy or birth and no more than sixty days from birth.
      ART. 76 The period ceases to run until the husband is unable to act due to an unforeseeable or unavoidable event, unless he designates a special agent.
      ART. 77 For a husband absent at the time of the birth of the child, the period of disallowance shall be two months from the date of his return.
      The husband from who the birth of the child was hidden also has a period of two months after the discovery of the fraud to institute paternity proceedings.
      ART. 78 The paternity proceedings may be commenced by the legal representative of the husband if he is incapable.
      In case of failure of the husband's agent, the husband will do it once he acquires the capacity to act for himself.
      ART. 79 Where before the expiry of the period of disallowance the husband dies or is considered dead, the heirs can contest the legitimacy of the child of which the deceased is presumed to be the father.

      CHAPTER IV: Effects of Kinship Section I: General Provisions
      ART. 80 Kinship creates reciprocal duties between parents and children.
      ART. 81 The rights of parents are summarized in paternal authority, their duties in the maintenance and education of children.

      Section II: On paternal Authority
      ART. 82 The paternal power is all the rights and duties of parents in respect of the person and property of their unemancipated minor children.
      It is the counterpart of the duties of the parents and has no other purpose than to enable them to fulfill their obligations.
      ART. 83 The paternal power ceases with the majority or emancipation of the child.
      ART. 84 Upon the person of the child, paternal authority has a right to custody, management, monitoring and correction. It allows parents to choose the child's residence, to be master of his education, to control his relations and correspondence, and to place difficult children appropriate institutions.
      On property of the minor, parental authority gives parents, father and mother, a legal right to use, and as long as they both live, the legal parents, a right of legal administration.
      ART. 85 The parents have the right to authorize the emancipation of the child, to consent to marriage and adoption, to allow his or her marriage contract, to authorize the emancipated minor to engage in trade, to give the child his or her home.
      Paternal authority also gives the surviving father and mother the right to be legal guardian of his or her children and deceased father the right to name a special counsel pursuant to section 103 of the Marriage and Guardianship.
      ART. 86 The paternal power belongs to the father and mother during marriage. But the father assures the exercise of it in his capacity as head of household.
      ART. 87 The virtual authority already held by the mother gives her certain rights:
      1.
      she must be consulted about the marriage of minor children;
      2. for the adoption of her minor child, her consent is required;
      3.
      mother, more than any other person, has standing to seek the disqualification of unfit father;
      4.
      the mother may ask the judge to make the educational placement of the child;
      5.
      the mother has standing to compel the father to fulfill his obligations imposed by law in the interest of the child.
      She may demand, in justice, that the father gives his children good education, make an inventory of property belonging to them and respects other mandatory rules for the enjoyment or the legal administration.
      ART. 88 The court may, upon the request of the mother order that the child be placed in a given educational institution order the father to pay the cost.
      ART. 89 The mother exercises parental authority in place of the father, as provided for in Articles 40 and 41 of the Code of Marriage and Guardianship or in case of disqualification imposed pursuant to Article 6 of the Penal Code.
      ART. 90 Upon the death of one parent, the survivor exercises parental authority in accordance with the provisions of the Marriage and Guardianship.
      ART. 91 On the death of the second parent, the paternal authority is entirely replaced by the regime of guardianship which thus extends to the person of the child.
      ART. 92 In cases of divorce or separation, parental authority shall be settled in accordance with the provisions of Articles 86 and 87 of the Marriage and Guardianship Code.
      ART. 93 When a divorced spouse who had custody of the child dies, the survivor will be invested with paternal authority only on new court decision made solely in the interest of the child.
      ART. 94 In case of declaration of invalidity of a putative marriage, the spouse in good faith will be granted parental authority.
      ART. 95 Where the parentage of the child is not properly established, there is no right of paternal power, then the child is under guardianship.
      ART. 96 Where the parentage of the child is regularly established by recognition or by court order, the parent upon whom exercise of parental authority is granted is as follows:
      1.
      if the child is recognized by one of his parents, that parent exercises paternal authority under the supervision of the family council;
      2. if the child is recognized by his father and his mother:
      a) in case of simultaneous recognition, the father has parental authority, the mother only in the case of death, absence or loss of the father;
      b) in case of successive recognitions, paternal authority is exercised by the parent who has acknowledged the child first. The subsequent recognition of the father does not alter the allocation of parental authority to the mother unless the child is legitimated by subsequent marriage of its authors. Paternal power may also be assigned by court order if the interests of the child requires it.
      ART. 97 When the child is adopted by two spouses, and they have completed a joint adoption or adoptive legitimation, the attribution rules of paternal authority are the same as in a legitimate family.
      ART. 98 The adopter has paternal power over the adoptee which ceases to belong to the original parents.
      ART. 99 Parents have a right of general direction on the person of the child. The child should have in their regard a duty of general obedience.
      ART. 100 The right of legal authority is a right of usufruct, belonging to parents who exercise parental authority over the property of unemancipated minors. The part of the child's income allocated to expenditure on his or her maintenance is not transferable or seizable. The legal usufruct is attributed, in principle, to the parent who exercises the parental authority.
      ART. 101 The legal usufruct is extinguished by emancipation.
      Section III: Obligations of Support
      ART. 102 The existence of maintenance involves, first, a relationship or marriage, and secondly, at least two people, one in need, the other with sufficient resources to cope. The maintenance obligation is reciprocal.
      ART. 103 The provider of support has the obligation to the one in need to provide the means to food, shelter, clothing and medicine.
      ART. 104 A support obligation between parents or relatives in the direct line between brothers and sisters born of the same parents, or born of the same father or same mother.
      ART. 105 It is also in favor of single mothers and children born out of wedlock. Child support is owed by the father of the child shall be fixed by the court and serve the maintenance of the mother and her child.
      The allocation for maintenance of the mother is due for three years from the date of recognition.
      It will end if a marriage takes place before the expiry of that period.
      ART. 106 The obligation of support ceases between in-laws, in case the link that created the alliance has been dissolved by divorce.
      ART. 107 The maintenance is not due either in the case where the one in need has been convicted for an attempt on the life of the provider, or a descendant or spouse thereof.
      ART. 108 The maintenance is normally performed by a pension in cash or in kind paid by the provider to the one in need.
      The amount of that pension shall be fixed taking into account the needs of those who request it and resources of those who must pay.
      ART. 109 The amount of alimony may be revised at the request of recipient or provider.
      ART. 110 Unless otherwise decided by the judges, the arrears of maintenance are payable to the residence of the recipient.
      ART. 111 The arrears of maintenance are inalienable and indefeasible.
      However, they can be, even before maturity, an assignment thereof for the benefit of works that cater to the needs of the recipient.
      They can also be seized by those who provided the beneficiary of the pension that was necessary for his subsistence.
      ART. 112 The order in which the different providers must ultimately bear the burden resulting from the maintenance obligation is as follows:
      a) the first place the spouse; b) second place, offspring, according to their degree; c) thirdly ,the ascendants according to their degree; d) fourth, full blood siblings; e) fifth, half siblings; f) Sixthly, descendants by marriage according to their degree; g) in seventh place in the ascendants by marriage according to their degree.
      ART113 Multiple providers may validly agree in their mutual relations that the pension will be provided to a common recipient by only one of them.
      The recipient, if he or she has acceded to this agreement, may not apply to other providers to obtain aid, unless there is a serious reason for him or her not to respect this agreement.
      ART 114 The adoptee, his spouse and descendants can not claim maintenance from the family of origin unless the adoptive family is unable to provide them.
      They are not obliged provide for the ascendants of the family of origin unless they can not get aid from another family member.
      ART. 115 One who is obliged vis-à-vis a person, to provide maintenance, is also required to pay the funeral expenses of that person. Whoever made the advance of these fees may apply for reimbursement to the maintenance provider.
      ART. 116 It is not possible to derogate by special agreement with the provisions of this section.
      ART. 117 Are repealed all previous provisions contrary to this ordinance which shall be enforced as State law.

      LAW No 89-06/AN-MR January 18, 1989
      ON CHANGE OF NAME
      The National Assembly deliberated and adopted in its session of December 29, 1988

      The President of the Republic promulgates the law which reads as follows:
      First ART. Any person who has any reason to change his name must submit a reasoned application to the Minister of Justice who will send it to the Government, after investigation.
      ART. 2 The decree authorizing the name change does not take effect until one year after its publication in the Official Gazette or in a newspaper of legal notices.
      ART. 3 During this period, any person having an interest therein shall be permitted to submit application to the Minister of Justice for the revocation of the decree authorizing the name change.
      ART. 4 The revocation takes place under the same conditions as the decree authorizing the name change.
      ART. 5 In the absence of opposition or if it was dismissed, the decree of name change becomes fully effective at the end of the year.
      Mention of the new name is given, either automatically or at the request of the beneficiary of the name change, at the request of the prosecutor, his home, alongside acts of civil status of the individual and, if any, of his minor children.
      ART. 6 There is nothing innovative to the provisions of existing laws relating to matters of state, involving a change of name will continue to have recourse to ordinary courts.

      Koulouba, le 18 janvier 1989
      Le président de la République
      Général Moussa TRAORE