Child Adoption Under UAE Law

Published: July 4, 2023

Last Updated: July 10, 2024

Child Adoption Under UAE Law

There is a widespread misperception among foreigners in the UAE that adoption is forbidden. Many people even believe that adoptive children from other nations are not recognized by the law in the country. The mistake stems from the assumption that UAE is a Muslim nation that upholds Islamic law. However, the authorities are constantly working to make the law more tolerant to everyone who travels to the UAE to work and reside.

 

Although it is forbidden in Islam, adoption is theoretically permitted in the United Arab Emirates. Raising, caring for, sponsoring, or fostering an orphaned or abandoned kid is legal for UAE residents and Muslim expats. But only if the procedure is carried out by legitimate nonprofit organizations. The youngster is also not permitted to adopt the family name of the foster parents. He or she is permitted to keep the surname of their biological father.

 

Any child adoption that takes place outside of the UAE is also permitted. Expats living in the UAE are permitted to adopt in accordance with local adoption rules, and adopted children are accorded the same rights and protections as biological children. If you are facing legal issues related to adoption or need guidance on the adoption process, consult with experienced Litigation Lawyers in Dubai who can provide expert advice and representation.

 

Adoption for Muslim couples
 

As already mentioned, Islam forbids the practice of legal adoption, although it supports giving orphaned children care and financial support. The legal bond between adopted children and their parents is described in the Quran. Primary consideration is always given to the child’s biological family, and ties to them are never severed. Although the child does not inherit anything from the adoptive parents, they are nonetheless accountable for giving them financial support. In Arabic, “feed” is the meaning of the Islamic word “adoption” in the word “kafala”. The phrase pretty much sums up how a foster parent and child interact.

 

The connection between a guardian and kid is governed by stringent laws in the United Arab Emirates. Compared to the normative adoption procedures used in most nations, guardianship legislation is unique.

 

The following are some of the aspects of the legislation that define the nature of the bond between the child and adoptive parents:

  • Adopted children do not retain the surname of the adoptive family; instead, they retain the names of their biological parents.
     
  • Adopted children are given surnames by the government, and they keep using them. First names are a parental discretion.
     
  • Adopted children do not inherit the possessions of the adoptive parent, but rather those of their biological parents.
     
  • In legal terms, adoptive parents and adoptees are never considered blood related.
     
  • Adoptive family members are recognized as potential spouses under the law.
     
  • The adoptive family must always remember that they cannot take the place of the biological family.
     
  • Child care, parental care, inheritance rights, and custody are all legal obligations of parents.
     

To learn more about the foster parent application process, it is always preferable to speak with a family lawyer in the United Arab Emirates.


 

Expatriate Adoption of a Child
 

Non-Muslim foreigners are permitted to adopt children if the adoption takes place outside of the UAE and is recognized in the adoptive parent’s country. Adoption in these situations is governed by the laws of both the child’s and the adopting parents’ countries. Once the child and parent have arrived in the UAE, adopted children have the same privileges and entitlements as biological children. Adopted children and biological children are treated equally under UAE law.

 

Adoption Procedures in the UAE
 

When living in the UAE, there are several steps in the adoption process. You must speak with a UAE family lawyer before beginning the adoption process. Numerous adoption cases have been successfully delivered by our family lawyers in Dubai. If the parents get residency in the UAE, the adopted child does.

 

Psychological Evaluation
 

A home study is conducted by the local authorities to initiate the adoption procedure. A thorough psychological evaluation, weeks of counselling, and a determination of the parent’s suitability are all part of the home study procedure. Weekly therapy sessions are part of the home study procedure, which could last up to ten weeks.

 

Therapy Session
 

The benefits of therapy sessions are numerous. They help future parents get organized and give authorities information to assess any possible risks to the child. The authorities ensure that the parents are aware of the UAE’s child rights regulations. The goal of the entire procedure is to benefit children, not parents. The psychological evaluation certificate, which has been certified and signed by a competent psychologist, is given to the prospective parents once the home study is finished.

 

Home Study Program
 

Your family lawyer can arrange for the adoption paperwork to be set up while the home study programmer is in progress. Your family lawyer assists with scheduling court appearances, filing papers, and obtaining exit documents in addition to completing and filing paperwork. A residence application has been developed when the child arrives in the UAE, while the citizenship application is made in the nation of the parents’ origin.

 

Stages for adopting a child while living in the UAE, in brief:
 

  • The HRIC’s home assessment (study) programmer.
     
  • Setting up the papers and submitting it.
     
  • Speak with an adoption facilitator in the nation of the adoptive parents’ origin or another country of your choice.
     
  • Make arrangements to meet the child you plan to adopt.
     
  • Finish your paperwork.
     
  • Return to the nation where the child was born while the court date is still forthcoming.
     
  • Obtain a visa and bring the kid to the UAE.
     
  • Until the child is eighteen years old, the parent must regularly report to the authorities in the parent’s native country and apply for citizenship there.
     

Please be aware that depending on the law of the nation where the kid was born and where the parents are from, the instructions above may not apply to you.

 

Conditions
 

Authorities have provided the following general instructions for couples or individuals adopting children in the United Arab Emirates:

  • The adoptive family, additional family members, and the foster family should be able to sustain themselves financially.
     
  • Foster parents must be prepared to look after a child’s welfare, raise him or her in a decent way, and take care of their health.
     
  • Psychiatric or behavioral issues a contagious illness or mental disorder must not be present in the foster family members or the single mother.
     
  • The family is required to show documentation of excellent behavior during the home study, such as a police clearance certificate.
     
  • For adoption, a single mother must be 35 years old.
     
  • For adoption, a couple must be 25 years old.


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