Display Map
Hide Map

Personal Status Law No.188 of Iraq (1959) – 6: Procreation and its Results

Section 1 – Kinship

Article 51

A woman’s child is regarded as the descendent of her husband based on the following two conditions:

1- The duration of the marriage is at least as long as the duration of the pregnancy.
2- Intercourse between the two spouses is possible.

Article 52

1- The acknowledgment of kinship – even under a fatal disease – to a child whose descent is unknown is established if such a child could be born to such a parent.

2- If the acknowledging parent is a married woman, or a woman in her iddat, the kinship of the child to the husband will not be established unless the latter believes her or through evidence.

Article 53

The acknowledgment of fatherhood or motherhood of the one whose descent is unknown is established if the father or mother believes it and if such a child could be born to such a parent.

Article 54

The acknowledgment of kinship in cases other than fatherhood and motherhood is not established unless the concerned party believes it.

Section 2 – Breastfeeding and Custody

Article 55

A mother should breastfeed her child except in the case of an illness that prevents her from breastfeeding.

Article 56

The expenses of nursing a child are the responsibility of the one in charge of his alimony. That would be considered as the alternative of nourishment.*

*The text of article 57 was repealed and replaced by the current text by virtue of the second amendment law № 21 of the year 1978. Paragraph 9 of article 57 was repealed and replaced by the current text by virtue of the 11th amendment law № 65 of the year 1986, and paragraph 2 was amended by virtue of the 13th amendment law № 106 of the year 1987.

Next: Chapter 7 – Maintenance of Descendants, Ascendants and Relatives

Tags: , , , , , , , ,