UAE begins providing birth certificates to children whose dads are unknown

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The newly enacted law, which took effect in October, acknowledges children’s ability to obtain birth certificates without their father.

Following the adoption of the new UAE law, birth certificates can now be given to children whose fathers are unknown.

The new federal law, which governs the birth and death registers in the UAE, was issued by the President, His Highness Sheikh Mohamed bin Zayed Al Nahyan, under decree number 10-2022.

No matter their parents’ marital status or whether their father is known or unknown, the law that took effect in October recognizes children’s entitlement to obtain birth certificates.

Now, mothers can register these children by submitting the necessary paperwork to the relevant authorities. A legal professional provided a document that is now on the market in Abu Dhabi:

According to Hesham Elrafei, a legal expert in the UAE, moms only need to declare that they are the baby’s mother and file the request to the court in order to invoke Article 11 of the law.

He said, “The court will issue the order to the department of health to issue the birth certificate within a few days.

The mother only needs to present the two required documents—the copy of her Emirates ID or passport and the birth notification—according to the two-page birth registration form from the Abu Dhabi Judicial Department.

The mother must additionally state her justifications for requesting the court order on the second page of the document:

According to Elrafei, the new law regulating birth registries can be viewed as a “significant legal step in the history of the Arab region.”

According to him, this is the first time an Arab nation has recognized a single mother’s right to register her child even if the father is not known.

“The rules in the UAE are created to improve people’s lives and the economy while also easing individual burdens. You won’t find these elsewhere in the region, including civil marriage law, no-fault divorce, and golden visa.

It’s no longer necessary to be married

Elrafei emphasized that the legislation does not take into account the baby’s birth circumstances or the marriage status of his parents.

“The law merely states that children must be registered when they are born, which takes a liberal and progressive stance on birth registration. A child has the right to his or her own identity, the best healthcare, and the opportunity to receive an education, the speaker stated.

Marriage is no longer necessary in order to register a kid, according to Article 7 of the statute. In Abu Dhabi, this was put into effect in 2020, and the Civil Marriage Law followed in 2021.

The expert also points out that the law utilized the terms “mother” and “father” rather than “husband” and “wife,” which is notable.

A baby born out of marriage to a known or unknown father is denied a birth certificate and must live as an undocumented child in other Sharia-based governments in the region. This baby will be denied the right to school, health treatment, and travel since he is not recognized by the law, according to Elrafei.

The new family legislation that governs foreigners’ personal status issues, including civil marriage, divorce, shared child custody, and financial rights, was introduced in Abu Dhabi earlier this year. As long as their home nation does not impose Sharia law on family affairs, it is applicable to all expatriates, non-residents, and visitors regardless of their religion.

Muslims from the GCC, Arab countries, and other nations, such as Pakistan, where Sharia law is in effect, are exempt from the application of secular law.

The new civil marriage program established by the secular law permits foreign nationals, visitors, and non-citizens to get married in Abu Dhabi. Only the UAE Capital offers the service, which is only offered in the region. It offers travelers the opportunity to get civil marriage certificates.

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