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22 May 2022

21 Shawwaal 1443

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Law No. 5 of 1982: Foundation of Births and Death Records

Law Summary Record Type: LawNumber: 5Date: 09/03/1982 Corresponding to 14/05/1402 HijriNumber of Articles: 33Status: In force

Official Gazette :Issue: 3Offcial Journal Issue Publication Date: 01/01/1982 Corresponding to 06/03/1402 HijriPage from: 3602

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1 Article

All births and deaths that occur within the territory State of Qatar, as well as births or deaths of Qatari individuals travelling or residing abroad, shall be reported in accordance with the provisions of this law.

2 Article - Amended

1. Each competent health office, and each embassy and consulate of Qatar, shall prepare separate registers for births and deaths. Recording in such registers shall be undertaken promptly upon the reporting of a birth or death, after verifying the identity of the reporter.

The Chairperson of the National Health Authority (hereinafter “the Chairperson) shall issue a resolution organizing the form of the registers and the method of recording therein.

3 Article

The following persons shall be authorized to report births:

The father of the newborn, if present.
Adult relatives who have attended the birth: male first, then female, who are the closest relative to the newborn.
Persons residing with the mother in the same house: male first, then female.
The physician or other licensed persons who attended to the delivery.
Directors of hospitals, maternity homes, jails or other locations where the birth takes place.

The aforesaid persons shall not be responsible for reporting where the sequential order required for persons making the report cannot be established. No unauthorized persons may report a birth.

4 Article - Amended

Reporting of births to the competent health office in the State of Qatar shall be undertaken within fifteen days from the date of the birth.
The report shall contain the following information:

Date of birth in the Hijri and Gregorian calendar, including the time and place.
The gender of the newborn (male/female)and its name and surname.
Names of parents, including surname, nationality, religion, domicile and occupation.
Name of attending physician or any other licensed personnel.
Name, age, nationality, occupation, domicile and capacity of the reporter.
Any other statement that the Chairperson deems necessary to be included in his resolution.

The report shall be made on the prescribed form containing such information. A resolution of the Chairperson shall be issued to that effect.
The births register shall be signed by the official in charge thereof and by the reporter if he has not signed it. The Hijri and Gregorian dates, as well as the serial number of the record, shall be indicated in the register.

5 Article - Amended

The official in charge shall issue a birth certificate after the birth has been recorded, in accordance with the form prescribed by a resolution of the Chairperson. Such certificate shall be delivered, free of charge, to one of the parents or to the person reporting the birth.
Any person may extract a true copy of the birth register for himself, his ascendants, descendants or wives. Public authorities may request an official copy of such register and a copy may be given to any person other than the aforesaid who proves to the Chairperson or his delegate that he has a legal interest therein.
The official fee for extracting an official copy of the register shall be prescribed by a resolution of the Chairperson.

6 Article

Where a Qatari child is born while travelling or residence abroad, the competent consulate, within its jurisdiction the child is born, shall be notified within no more than thirty days of the delivery date or date of arrival to destination.

Notification may be handled byregistered mailin the case that the location of the competent consulate is far from the residence of the reporting party. The notification shall include the data provided in article 4 herein; provided that the signature of the reporter shall be certified by the competent authorities in the territory where the birth has taken place; or an official birth certificate or extract shall be provided by the territory wherein birth occurred.

The competent consulate shall follow the provisions provided in this law in recording the birth and granting the birth certificate or official extract thereof.

7 Article - Amended

Where a birth has occurred outside the competence of Qatari consulates, it shall be reported to the National Health organization by registered mail not later than thirty days from the date of birth or the date of the mother's arrival at her destination.
The report shall contain the information prescribed in Article 4 hereof. The signature of the reporting party shall be certified by the competent authorities in the country of birth and a birth certificate or official extract thereof shall be provided by such competent authorities.

8 Article - Amended

1.      Any person who discovers an abandoned newborn shall deliver it to the nearest police station, which shall notify the Qatari Orphan Foundation (Dhreima) promptly upon delivery and shall implement the necessary measures to provide the required medical care to the newborn.

2.      The police shall prepare a record on the circumstances and conditions wherein the newborn was found, indicating the place, date and time of the discovery, the newborn’s sex, its condition when discovered, a description of its physical characteristics, and an accurate description of its clothing and belongings, if any.

3.      Such record shall note the name, occupation and address of the person who discovered the newborn.
8 Article BIS

The police shall deliver the newborn and a copy of the record referred to above to the Qatari Orphan Foundation to take care of the newborn, based on the record to be signed by the receiving person. The Foundation shall undertake the following:

1.      Proposing to the competent court an assumed name for the newborn and two assumed names for the parents for approval by the court, which shall determine their respective nationalities as Qataris by acquisition, their respective religion as Islam, and their place of birth as home.

2.      Applying to the competent designated health office, with the copies of the police record and court resolution, for the said office to estimate the age of the newborn, enter it in the record of births, and to issue a birth certificate without any reference to the manner in which the newborn was discovered. Such certificate shall be handed over to the Foundation.

3.      Considering applications from families desiring to provide homes to children whose fathers or parents are unknown. Such applications shall be received and submitted to the competent court for the necessary resolution based on investigations undertaken by the Foundation.

9 Article

The following persons shall be authorized to report deaths:

Father of the deceased, if present.
Attending adult relatives, males first, then females, who are the closest relative to the deceased.
Adult male or female residing with the deceased.
The physician who examined the deceased.
Managers of hospitals, hotels, jails and other locations where the death occurred.

The abovementioned persons shall not be responsible for reporting where the sequential order required for persons making the report cannot be established. No unauthorized persons may report a death.

10 Article - Amended

The report of a death, including delivery of a still-born fetus after twenty-eight weeks of pregnancy, shall be made to the competent health office within forty-eight hours of such death or delivery.
The report shall contain the following information:

Date of death in the Hijri and Gregorian calendar, including the time and place.
The gender of the deceased (male/female).
Name, surname, age, nationality, religion and occupation.
Names of parents, if known.
Cause of death.
Name, age, nationality, occupation, domicile and capacity of reporter.
Any other statement that the Chairperson deems necessary to be included under his resolution.

The report shall be made on the prescribed form containing such information. A resolution of the Chairman shall be issued to that effect.
Recording the death in the deaths register shall not be made until the presentation of a medical certificate indicating the cause of death, to be issued by a physician licensed to practice medicine in the State of Qatar. Where such certificate is not presented, the physician in the profession within the State of Qatar. The physician shall examine the corpse and issue a certificate that establishes the cause of death.
Death registers shall be signed by the official in charge thereof and by the reporter if he has not signed it. The Hijri and Gregorian dates as well as the serial number of the record shall be indicated in the register.

11 Article - Amended

1. The official in charge shall issue a death certificate after recording the death in the register, in accordance with the form prescribed by a resolution of the Minister of Public Health. Such certificate shall be delivered, free of charge, to the relatives of the deceased or to the reporting person.
2. Any person may extract a true copy of the death register for himself, his ascendants, descendants or wives. Public authorities may request an official copy of such register and a copy may be given to any person other than the aforesaid persons who proves to the Chairman or his delegate that he has a legal interest therein.
3. The official fee for extracting an official copy of the register shall be prescribed by a resolution of the Chairman. The official in charge shall issue a death certificate, after finalization of the recording, in accordance with the form to be designated by a resolution from the minister of public health. Such certificate shall be delivered, without consideration, to the relatives of the deceased; or to the reporting person. Any individual may extract a true copy of the death/birth record for hisascendants, descendants or spouse. Public authorities may request an official copy of such records. Such copies may be given to whoever may prove, to the Chairperson of the National Health Authority, or his delegate; that he has a legal interest in such a copy, for any other persons than the aforementioned persons.The official charge for extraction of an official copy of records shall be designated by a resolution from the Chairperson of the National Health Authority.
12 Article

If a Qatari dies during travelling or residence abroad, the competentconsulate shall be notified within no more than thirty days of the effective date of the death. Notification may be undertaken by a registered mail in the case that the location of the competent consulate is a far distance from the residence of the reporting party. The notification shall contain the data provided in article 10 herein;provided that the signature of the reporter be certified by the competent authorities in the territory where the death has taken place; or,enclosed with an official death certificate or an extract provided bythe territory wherein the death has occurred.
The competent consulate shall follow the provisions provided in this law whenrecording the death and granting the death certificate or any official extractthereof.

13 Article - Amended

Where a death has occurred outside the competence of Qatari consulates, the report thereof shall be to the National Health Organization in Qatar by registered mail not later than thirty days from the date of death.
The report shall contain the information prescribed in Article 10 hereof. The signature of the reporting party shall be certified by the competent authorities in the country of death or a death certificate or official extract thereof shall be provided by such authorities where the death occurred.

14 Article

1.      Any person who discovers a corpse shall promptly report the matter to the nearest police station. A coroner or the designated health physician shall be delegated to examine the corpse, determine the cause of death and estimate the age of the deceased. Where any suspicion as to the cause of death arises, an autopsy shall be conducted.

2.      A record shall be prepared on the circumstances and conditions surrounding the discovery of the corpse. Where the deceased is unknown, the said record shall include an accurate description of the corpse and any distinguishing marks. The corpse shall not be buried without the consent of the investigating authorities.

3.      The aforesaid record shall be sent to the competent health office in order to enter the deceased in the deaths register. The number and date of the record shall be entered in the space provided for remarks. Where the deceased is unknown, the word “UNKNOWN” shall be entered in the space specified for the name of the deceased.

15 Article

Following entry of the death in the deaths register, and before burial, the health physician shall verify the cause of death before issuing the required permit for burial. Where there are signs or circumstances that suggest an unnatural death or death due to a criminal act, the competent investigation authorities shall be notified. Such authorities may order an autopsy if deemed necessary. No burial permit shall be issued without the consent of the investigation authorities. The cemetery guard shall permit no burial unless the burial permit is presented to him.

16 Article - Amended

No corpse shall be exhumed after burial for repatriation or for burial in another cemetery unless at least six months have elapsed since the date of the burial and the National Health Organization has consented thereto.
No corpse shall be exhumed from a grave where the cause of death was a contagious disease unless the National Health Organization issues a special permit and all necessary protective measures deemed necessary by the Ministry have been implemented.

17 Article

Any incidents of births or deaths that occur during the Hajj shall be reported to the Head of the Hajj Mission, who in turn, shall record the incident in the relevant register, in conformity with the form laid out in Article 2 herewithin. The Head of the Hajj Mission shall notify; mutatis mutandis; the Qatar consulate in Saudi Arabia, or the competent national Health Office in Qatar, of the incident of a birth or death, within fifteen days of the date it occurred.

18 Article - Amended

The Chairman shall form a committee of physicians and administrative staff called the Births and Deaths Committee (hereinafter “the Committee”), whose functions shall be as stipulated in the provisions of this law.

19 Article - Amended

All concerned parties may request changes to the information related to a newborn, such as the name and surname, the names of either parent; or to correct the information related to the deceased, such as the name, surname, and names of either parent, as contained in the births and deaths registers.
An application for such changes shall be submitted to the National Health Organization, enclosed with the birth or death certificate or an official extract thereof. Such application shall contain supporting documents and evidence.

19 Article - Amended BIS

The applications referred to in the preceding article shall be presented before the Committee, which shall refer all applications and their supporting documents to the Ministry of Interior for consideration. The Committee shall not accept such applications unless the Ministry of Interior consents tothe requested change or correction.
Where the application relates to a person subject to the provisions of Article 8 hereof, the opinion of the competent court shall be sought in addition to the foregoing requirements.

20 Article - Amended

Subject to the provisions of the preceding article, the Committee shall inspect and investigate the applications presented to it and may call any party for discussion or questioning about all necessary documents.
Where the Committee accepts an application, it shall publish the same in one of the local newspapers for a fee of Hundred (100) Riyals to be paid by the applicant.
Where no objection to the application is lodged within three days of the date of publication, or where an objection is judged by the Committee to have no merit, the Committee shall issue a resolution for the required action or correction to be made.
The official in charge of the births and deaths registers shall enter the changes or corrections in the space provided for remarks and shall indicate the number and date of the resolution of the Committee. The previously issued certificate or extract shall be cancelled, and the applicant shall be issued a new certificate in accordance with Articles 5 and 11 hereof after the amendment is completed.

21 Article

Without prejudice to the penalty designated by the law, the reporting of births and deaths beyond the legal deadline of reporting, but before the lapse of one year fromthe date of birth or death, maybe accepted. Entry into the record shall be made immediately upon reporting. The reporting party shall submit the documents supporting the correctness of the data they are providing. The concerned person shall be provided with a certificate of entries in accordance with Articles 5 and 11 hereof.

22 Article

Without prejudice to the penalty designated by the law, births and deaths reported one year after the birth or death shall not be entered into the recordswithout the issuance of a resolution of recording by the Committee of Births and Deaths. Such a resolution shall be issued based on an application to be submitted by the concerned party; including the necessary data required, supporting evidence, and against consideration of Fifty (50) Riyals.

The Committee shall issue its resolution on such application after investigating the issue. In the case that the committee views that such recording may be made, the official in charge shall make such entry, while indicating the number and date of the committee's resolution under remarks.The concerned party shall be given a certificate of such record in accordance with Articles 5 and 11 herein.

23 Article

Births and deaths not previously entered into records before the issuingof this law may be reported without abidance by the timings provided herein. The same applies to the formalities and penalties provided herein; provided however, that such reporting is done within six months effective the date of publication of this law in the Official Gazette.

24 Article

In all cases, should a dispute be raised with regard to the recording of births, deaths, or due to an application for alteration or correction, oranydispute issue related to filiation, acknowledgement of parentage, or to any other issue of personal status, the entry of record or amendment shall be held until settlement of such dispute by the court of competence. Upon settlement through a final ruling, the entry or record amendment shall be conducted in accordance with such ruling.

25 Article - Amended

The official in charge of keeping such records of births and deaths shall always maintain them in a good condition. Books shall be kept at the health offices and the offices of Qatari consulates abroad for a period of five years, effective the date of the last entry. Subsequently such records shall be delivered to the National Health Authority for permanent keeping. The Chairperson of the National Health Authority shall designate a corps for keeping them within the Ministry.

26 Article

The violator of the provisions of this law shall be subject to an imprisonment of no more than one week and a fine of no less than hundred (100) Riyals and no more than four hundred (400) Riyals; or by either of the two penalties.

27 Article

Without prejudice to any other higher penalty provided in any other law, whoever will repeat, in bad faith, the reporting of a birth or a death, which resultsin the entry of a birth or death record more than once, shall be subject to an imprisonment of nomore than three months, and a fine of noless than two hundred (200) Riyals; but not exceeding two thousand (2000) Riyals, or by either of the two penalties. The same penalties shall apply to whoever deliberately provides incorrect data, or otherwise resorts to cheating or illegal ways in recording a birth or death in the register. The Committee of Births and Deaths may decide to delete any entry that is proved to be incorrect or repeated.

28 Article - Amended

In the case that any crime provided under this law is committed, the official in charge shall issue a memorandum comprising a detailed account of the violation, in accordance with the form to be designated by a resolution of the Chairperson of the National Health Authority. A copy of such memorandum shall be sent to the competent police station for necessary action in accordance with the law.

29 Article - Amended

The Chairperson of theNational Health Authorityshall issue the necessary executive bylaw and resolutions for the enforcement of this law.
30 Article

Provisions not regulated under this law shall be regulated by a decree to be issued for that end, for therealization of the respective purposes.
31 Article

All competent authorities, each within their jurisdiction, shall enforce this Law which shall come into force 30 days from the date of its publication in the Official Gazette.