In the United Arab Emirates (UAE), family laws are evolving to embrace the changing dynamics of society. One area that has seen significant reform is the recognition & protection of children born out of wedlock. In this article, we will explore the legal landscape surrounding children born to unmarried parents in the UAE family laws, highlighting the laws, regulations, and procedures in place to safeguard their rights.
- Decriminalization of Consensual Relationships:
Recent changes in UAE family laws have marked a significant shift in the treatment of children born out of wedlock. Under the new federal law introduced, consensual relationships out of wedlock have been decriminalized. This means that children conceived as a result of such relationships are now acknowledged and protected under the law. Article 410 of the Federal Law No: 31 of 2021 no longer criminalizes such relationships.
Article 410 protects children of unmarried couples. If a female over 18 gives birth due to sexual intercourse, both parties could face imprisonment. However, if they marry or acknowledge paternity and obtain proper documents, no charges apply. This allows cohabiting couples to continue if the female is over 18. Also, Dubai employers must provide health insurance to employees under Article 10, while Article 11 requires separate coverage for the family.
- Recognition of Parentage:
The protection of children born out of wedlock is enshrined in the UAE legal framework. Article 1 of Resolution No 3 of 2021 allows either of the parents who are residents in the UAE to apply to the Dubai Courts to obtain a birth certificate for their child. This resolution effectively removes the requirement of a marriage certificate to register a child’s birth. This move empowers parents to acknowledge their child’s birth and obtain legal recognition, regardless of marital status.
- Procedures for Obtaining Birth Certificates:
Unmarried mothers now have the right to apply for birth certificates for their children, even without the involvement of the father or a marriage certificate. This is a pivotal development introduced under the new law. Unmarried mothers can submit a form through the official Abu Dhabi Judicial Department website, providing necessary information and declaring the absence of the father’s information. Once the application is complete and submitted, the court issues an order within 48 hours, allowing the mother to obtain a birth certificate for her child. Approaching family lawyers of Dubai to navigate the legal intricacies will ensure proper documentation.
- Protection of Child’s Rights
The UAE family laws legal system places a strong emphasis on the rights of children. Without a birth certificate, a child may be denied access to education and proper medical care. Recognizing this, the UAE has taken proactive steps to ensure that every child, irrespective of their parents’ marital status, can enjoy essential rights. This approach also aligns with international conventions, like Article 7 of the UN Convention on the Rights of the Child.
By decriminalizing consensual relationships out of wedlock, recognizing parentage, and streamlining procedures for birth certificate applications, UAE family laws have created a legal framework that upholds the rights and dignity of every child, regardless of their parent’s marital status. Lastly, for individuals navigating the complexities of family law, seeking counsel from family lawyers in Dubai is recommended.
Family-related issues are handled by a unique collection of laws in the United Arab Emirates (UAE) that are intended to safeguard familial rights and obligations. These laws cover a wide range of topics, including inheritance, child custody, marriage, and divorce. We at BSB Legal are knowledgeable about UAE family law and can offer people and families in need excellent legal advice and direction. In order to defend your family’s interests and well-being within the confines of the legal system, our devoted team is committed to ensuring that you completely grasp your rights and obligations under UAE family laws. For thorough assistance in handling UAE family law issues, rely on BSB Legal.