SERVICE DESCRIPTIONS

Judgment

In the Haitian Civil State code, there are many types of judgments: 1) the Judgment to modify a document (jugement rectificatif), 2) the Judgment directed at the minutes (jugement au rang des minutes), 3) the judgment for a third party declaration (jugement pour une déclaration de tierce), and 4) the Judgment taking place per agreement (jugement tenant lieu). We take equally under consideration that a judgment is required for an act of recognition and adoption. However, the process is so particular for those two cases that we dare not address these demands under this topic for we would leave out too many important issues unaddressed. In the case of the first four judgments, there are some prerequisites and particular procedures. For the judgment to modify a document, this happens to correct a mistake (grammatical or other) in the document; whether it is a birth certificate, a divorce or marriage certificate, etc. the original document or the National Archive extract must be submitted as a document of reference in order to make the correction. A judgment directed at the minutes is rendered to have a declaration inscribed directly in the books of the Civil State Officer, in the date and year in question. This demand is common in the case where the declaration of birth was legally made but through oversight or other, the inscription was not taken in the official register. Then, the courts can direct the inscription of the act in the minutes of this book. It is required to have the original of the document in question to request this relief from the courts. The judgment for a third party declaration is done in the case of a minor child where the parents are deceased. Then, a demand may be submitted to the courts by a third party to ask that the birth of this child be inscribed in the official records. The Judgment taking place per agreement is rendered at the request of the person concerned prejudiced by the questionable civil state status. It is solicited by an adult child in his/her name to the courts to ask that the status be normalized or the declaration of birth be inscribed in the official records. Documents to support this request may be a Notary’s act, a baptism certificate along with a negative declaration from the National Archives, etc. Return to Services