Introduction: to determine the rate and the factors limiting the accessibility to the health care of the children at family break with respect to the right to health in relation with the law n ° 09/001 of the 10/01/2009 in the city of Mbujimayi in the Republic Democratic Congo, is the objective pursued by this study. Method: The study is quantitative, of the correlational type and concerned 246 children with family breakdown in the city of Mbujimayi. It was conducted over a period of 3 months, from March 18 to June 18, 2010. A questionnaire consisting of closed and open questions was used as an instrument for data collection. Epi-info 3.5 version 2007 was used for data analysis. Results: The rate of access to health care for children with à family breakdown is 19%. Children in family break are mostly under 18 years old with an average age of 13.5 years. They are 63% male and 89% of these children are uneducated. 67% of these children do not have knowledge about the law, the right to health and, have not been aware of the law. The low level of education and ignorance of the law are factors in the low rate of access to health care. Conclusion: The rate of access to health care for children in family breakdown is low, the level of education of these children and ignorance of the law would be factors that explain it. To improve this low rate, we suggest that parents take responsibility for their child by supervising their children. Social actors and other actors in the protection of children, help them to reintegrate into society by providing them with a minimum of education / instruction. To continue to do their fieldwork by raising awareness of these children about their rights and especially about health. And the Congolese State to make effective the provision of Article 43 of the Constitution with regard to free primary education.