ICCS Convention No.26

Convention (No.26) on the international of information relating to civil status

signed at Neuchâtel on 12 September 1997

The signatory States to this Convention, members of the International Commission on Civil Status,
Being desirous of furthering and facilitating their relations in the civil status field and of organising by mutual agreement an international exchange of information, particularly with a view to simplifying administrative procedures for persons residing in their territory,
Have agreed as follows:

Article 1

When civil registrars of a Contracting State enter a marriage in a civil status register, they shall send an extract from the record of marriage to the civil registrar for the place of birth of each spouse if that place is situated in the territory of another Contracting State.

Article 2

1. When civil registrars of a Contracting State enter a divorce in a civil status register, they shall send a notice of dissolution of marriage to the civil registrar for the place of celebration of the marriage if that celebration occurred in the territory of another Contracting State.

2. When civil registrars of a Contracting State enter a divorce in a civil status register, they shall send a notice of dissolution of marriage to the civil registrar for the place of birth of each spouse if that place is situated in the territory of another Contracting State.

3. The provisions of paragraphs 1 and 2 shall apply when a marriage has been annulled, declared null and void or non-existent or dissolved for a reason other than divorce.

Article 3

When civil registrars of a Contracting State enter an acknowledgment of a child in a civil status register, they shall send an extract from the record of the acknowledgment to the civil registrar for the place of birth of the child if that place is situated in the territory of another Contracting State.

Article 4

1. When civil registrars of a Contracting State enter a record of death in a civil status register, they shall send an extract from that record to the civil registrar for the place of birth of the deceased if that place is situated in the territory of another Contracting State.

2. If the deceased was married, civil registrars shall send an extract from the record of death to the civil registrar for the place of marriage and the civil registrar for the place of birth of the spouse if the place of marriage or of birth are situated in the territory of another Contracting State.

Article 5

1. When civil registrars of a Contracting State enter in a civil status register a rectification to a record of marriage, acknowledgment or death, they shall send an extract from the rectified record to the civil registrar for the place for birth of the person or persons concerned if that place is situated in the territory of another Contracting State.

2. When civil registrars of a Contracting State enter in a civil status register a rectification to a record of birth, they shall send an extract from the rectified record to the civil registrar for the place of marriage, acknowledgment or death of the person concerned if the record of marriage, acknowledgment or death was drawn up in the territory of another Contracting State.

3. For the purposes of this Article, the term "rectification" shall mean the entering in a civil status register of a decision by the competent authority which, without ruling on a question relating to personal status or on the right to a title of nobility or honorific title, makes good an error in a civil status record.

Article 6

The communication of notices and extracts provided for in Articles 1 to 5 shall be without prejudice to the nationality of the persons concerned.

Article 7

The notices and extracts shall be utilised by the authorities of the receiving State in accordance with the laws and regulations of that State.

Article 8

If the communication of notices and extracts concerns a person born in the territory of a Contracting State whose law provides for the maintenance of a family register, civil registrars shall, if possible, indicate the place where the family register of the person concerned is kept and its number.

Article 9

1. Notices and extracts shall be drawn up in the language of the authority preparing them and in conformity with the forms appearing in Appendix 1 to this Convention.

2. All the entries on the forms shall be written in Latin characters in detached script; they may also be written in the characters of the language of the authority issuing the notice or extract.

Article 10

1. Dates shall be written in Arab numerals, denoting successively, under the symbols Jo, Mo and An, the day, month and year. The day and the month shall be indicated by two figures, and the year by four figures. The first nine days of the month and the first nine months of the year shall be indicated by numbers running from 01 to 09.

2. The name of any place mentioned in a notice or extract shall be followed by the name of the State in which that place is situated, whenever that State is not the State where the notice or extract is being issued.

Article 11

If it is not possible to fill in a space or part of a space, that space or part of a space shall be scored through.

Article 12

On the reverse of each notice or extract there shall appear:
- a reference to the Convention, at least in the official language or one of the official languages of each of the States which, at the time of signature of this Convention, are members of the International Commission on Civil Status,
- a summary of Article 9, paragraph 2, and Articles 10 and 11 of the Convention, at least in the language of the authority issuing the notice or extract.

Article 13

A list of the terms used and their code numbers appears in Appendix 2 to this Convention.

Article 14

1. At the time of ratification, acceptance or approval of or accession to this Convention, each Contracting State shall deposit with the Secretariat General of the International Commission on Civil Status the translation in its official language or languages of the terms included in the list in Appendix 2 to this Convention. This translation must be approved by the Bureau of the International Commission on Civil Status.

2. Any modification of this translation shall be deposited with the Secretariat General of the International Commission on Civil Status and approved by the Bureau of the International Commission on Civil Status.

Article 15^[1]

1. The coding of the entries contained in the forms in Appendix 1 and the list of code numbers in Appendix 2 may be modified by a resolution adopted by a simple majority of the representatives of the member States of the International Commission on Civil Status and the non-member States that are party to the Convention.

2. Any such resolution shall be deposited with the Swiss Federal Council and shall take effect, in relations between the Contracting States, on the first day of the seventh month following such deposit.

Article 16

1. In relations between States which are party to both Conventions, this Convention shall replace the Convention on the international exchange of information relating to civil status, signed at Istanbul on 4 September 1958.

2. The provisions of the preceding Articles shall not prevent the transmission to the authorities of a Contracting State, through diplomatic channels or other channels provided for in a specific convention, of any record or decision concerning the civil status of a person born in the territory of that State.

Article 17

The exchange of information provided for in this Convention shall not apply to communications to civil registrars of the State of origin of the person concerned if he or she has refugee status.

Article 18

This Convention shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Swiss Federal Council.

Article 19

1. This Convention shall enter into force on the first day of the seventh month following the month of deposit of the second instrument of ratification, acceptance, approval or accession.

2. In respect of a State ratifying, accepting, approving or acceding after its entry into force, the Convention shall take effect on the first day of the seventh month following the month of deposit by that State of the instrument of ratification, acceptance, approval or accession.

Article 20

Any member State of the International Commission on Civil Status, the European Union or the Council of Europe may accede to this Convention. The instrument of accession shall be deposited with the Swiss Federal Council.

Article 21

1. Any State may, at the time of signature, ratification, acceptance, approval or accession or at any later date, declare that this Convention shall extend to all of the territories for whose international relations it is responsible, or to one or more of them.

2. The Swiss Federal Council shall be notified of such declaration and the extension shall take effect when the Convention enters into force for that State or, subsequently, on the first day of the seventh month following the month of receipt of the notification.

3. Any declaration of extension may be withdrawn by notification to the Swiss Federal Council, and the Convention shall cease to apply to the designated territory on the first day of the seventh month following the month of receipt of that notification.

Article 22

1. This Convention shall remain in force indefinitely.

2. However, any State party to this Convention shall have the option of denouncing it at any time after the expiry of a period of one year from the date of the entry into force of the Convention in respect of that State. Denunciation shall be notified to the Swiss Federal Council and shall take effect on the first day of the seventh month following the month of receipt of that notification. The Convention shall remain in force among the other States.

Article 23

1. The Swiss Federal Council shall notify the member States of the International Commission on Civil Status and any other State which has acceded to this Convention of:
(a) the deposit of any instrument of ratification, acceptance, approval or accession;
(b) any date of entry into force of the Convention;
(c) any declaration concerning the territorial extension of the Convention or its withdrawal, together with the date on which it will take effect;
(d) any denunciation of the Convention and the date on which it will take effect;
(e) any resolution adopted in pursuance of Article 15, together with the date on which it will take effect.

2. The Swiss Federal Council shall inform the Secretary General of the International Commission on Civil Status of any notification made in pursuance of paragraph 1.

3. On the entry into force of this Convention, a certified copy shall be transmitted by the Swiss Federal Council to the Secretary General of the United Nations for the purposes of registration and publication, in accordance with Article 102 of the United Nations Charter.

In witness whereof the undersigned, duly authorised to this end, have signed this Convention.

Done at Neuchâtel, on 12 September 1997, in a single copy in the French language, which shall be deposited in the archives of the Swiss Federal Council and a certified copy of which shall be transmitted, through diplomatic channels, to each of the member States of the International Commission on Civil Status and to the acceding States. A certified copy shall also be sent to the Secretary General of the International Commission on Civil Status.

^[1]Editor’s note : In application of Article 15, appendices 1 and 2 to the Convention were modified by a Resolution adopted by the General Assembly on 17 September 2015 ; the said Resolution was notified to the Swiss Federal Council.

Only the French original is authentic.