Non-pregnancy certificate for divorce
Non-pregnancy certificate for divorce : According to Article 31 of the Family Protection Act, in order to register a divorce at the Government Registry Office and obtain a divorce certificate at the Government Registry Office, the couple must submit a pregnancy certificate to the concerned Registry Office. In other words, we have to say that registering a divorce without a non-pregnancy certificate is a violation of Iranian law. Therefore, according to the law, the notary concerned must refuse to register the divorce without a certificate of non-pregnancy. because otherwise he violates and this leads to his punishment. Due to the importance of this certificate, in this article we will examine more about this certificate. Stay with us.
At the outset, it is necessary to remember that the conditions for the correctness of the divorce form are laid down in the Shariah Rules and Civil Law. However, in no legal text and rule of jurisprudence, the absence of pregnancy of the wife is not a condition for the validity of the divorce. Divorce only occurs during menstruation or after childbirth, which prevents divorce. Accordingly, in civil law, not only is a spouse’s pregnancy considered a bar to divorce, in family support law, submission of a non-pregnancy certificate or a spouse’s pregnancy test results is a condition of divorce registration . Follow us as we explore this topic further.
Non-pregnancy certificate for divorce
To begin with, you should know that child custody is one of the most important issues that must be determined in a divorce. For this reason, it is necessary to obtain a non-pregnancy certificate for divorce. Why, if a woman becomes pregnant, the choice of custody of her common child and her husband should be determined. This means that the spouse must divorce after this assignment.
Further, explaining the nature of this certificate, Article 31 of the Family Protection Act acknowledges: The registration of divorce requires the issuance of a certificate by a competent doctor as to the presence or absence of a fetus, unless the couples agree on its existence.
So, in defining the nature of this certificate, we have to say that one of the steps in the divorce process that is definitely required is to obtain a certificate for not being pregnant.
How to get a non-pregnancy certificate for divorce
After examining the nature of the non-pregnancy certificate for divorce, we will discuss the steps and how to obtain it. It is important to note that the way to obtain this certificate for divorce is different in the court procedure and depends on the working procedure of the court. This work is usually divided into two parts as follows:
Laboratory available at the Family Court Judicial Complex
Judiciary approved laboratory
In explaining the above, we must say that some courts have laboratories. This laboratory is located inside the courthouse. As a result, in these courts, the wife is introduced to a laboratory located in the court for pregnancy testing. For this reason, in this approach, legal and judicial authorities do not consider a non-pregnancy certificate from an out-of-court laboratory to be justified. Some courts, on the other hand, defer the pregnancy test to the divorce office. The head of the office should also take into account non-pregnancy tests to register the divorce.
Period of validity of non-pregnancy certificate for divorce
To conclude in this section, we answer a general question. Thank you for your cooperation.
That question is, how long is a non-pregnancy certificate valid for divorce? Or in other words, how long can a couple use this certificate for divorce?
In answer to this, we must say that the period of validity of this certificate for divorce is three months after the issue of the certificate. This means that the spouse or their attorney must go to the divorce office until the end of the 3-month period. Otherwise, the wife will have to take another pregnancy test at the end of this period. Then obtain a new certificate at the testing centers we mentioned in the previous section and proceed with the divorce process at the office under the initiative of the notary concerned.
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