In the recent years, the UAE has brought about significant changes to its legal provisions regarding relationships between unmarried couples and children born outside the boundaries of a marriage. The law provides a definitive procedure to register and document births of such children, and establish their legal identity.
Decriminalization of Consensual Sex and Pregnancy Outside of Marriage
Article 410 of Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law, or the UAE penal Code, has decriminalized consensual sex and pregnancy outside of marriage provided that the identification documents and passports of the born child are extracted according to the laws of the State, thus protecting the rights of the child.
Birth Registration
Birth registration is a straightforward process in the UAE, requiring the submission of certain information including the identity documents and the marriage certificate of the parents. Article 6 of Federal Decree Law No. 10/2022 on the Regulation of the Registration of Births and Deaths states that a birth certificate is to be considered as proof of birth, and will not be considered to be a document to prove paternity of a child.
Obtaining a Birth certificate When a Couple is Unmarried
As per article 7 of the Law No. 10/2022, to obtain a birth certificate, parents of a child will be required to submit a birth statement, identity documents of the parents and the marriage certificate. However, if the couple is unmarried, thus lacking a marriage certificate, the parties can submit an acknowledgement from regarding the lineage of the child to them. This document must be certified by the embassy of the State to which they belong or by a notary public.
Obtaining a Birth Certificate When the father is Unknown
If a birth is to be registered but the identity of the father is unknown, article 11 of Law No. 10/2022 states that a hospital or a health facility can issue a birth certificate based on a judicial order obtained from the competent court. Such birth certificates will contain the name and nationality of the newborn, the details of the mother, and other information as prescribed by law, from time to time.
Proof of lineage of Children with Unknown Parents
Federal Decree Law No. 41 of 2024 on Personal Status, and Federal Decree Law no. 41 of 2022 on Civil Personal Status have issued provisions regarding children with unknown parentage. Article 89 of the Federal Decree Law No. 41 of 2024 states that in case of children with unknown parentage, lineage may be proven by acknowledgement, if the person to whom the acknowledgement is made confirms it, provided that he is of legal age and sound mind, and the age difference between the person making the acknowledgement and the child allows for the possibility of the acknowledgement to be true. Additionally, if the court finds it necessary, the court may request a DNA test.
Article 14 of the Federal Decree Law no. 41 of 2022 states that parentage can be proven by marriage or by acknowledgement of parents. A court can order a DNA test to prove parentage only if the child in such cases is of unknown parentage and the difference in age allows the child’s parentage to be true.
The legal advancement in the rights granted to children born out of wedlock shows UAE’s commitment towards the protection of children in vulnerable positions. It is also a significant step taken by the country to adapt to the changing needs of a contemporary society.
Practical Note:
In light of the above, and in case the birth certificate was not issued by the health department, then the parents may submit a petition to the court of urgent matters with specific documents. These documents could be the IDs for both parents, birth notification, parentage acknowledgement by both parties, and any other additional requirement by the court of the Emirate where the request would be submitted.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE family law matters, including family disputes, legal proceedings and the issues that shape family-law decisions. For readers researching family lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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