Published: Aug. 12, 2023
Last Updated: July 10, 2024
After the enforcement of the new law, unwed mothers no longer face jail. The UAE legalized premarital sex in November 2020. Now the mothers can get documents for their newborns without being penalized for offenses. Although the process of getting documents for children born out of wedlock is quite expensive the documents are important to protect the rights of those children.
While the legal landscape surrounding unwed mothers in Dubai has shifted, navigating the complexities can still be challenging.
Positive Developments:
Challenges Remain:
Importance of Documents:
Birth certificates and other official documents are crucial for protecting the rights of children born outside of marriage. They ensure access to education, healthcare, and other essential services.
Litigation Lawyers in Dubai:
If you're an unwed mother facing difficulties obtaining documents for your child, Litigation Lawyers in Dubai can offer valuable assistance. They can:
The provisions of UAE Decree Law No (31) of 2021 of the New Penal Law deal with parenting as an unmarried couple in the UAE. Article 410 of the same code briefly discusses bearing and co-parenting a child by unmarried couples, the provision states that:
If a female and male, aged 18 are involved in sexual intercourse and they give birth to a child without being in wedlock shall be punished with imprisonment for a period of not less than two years.
Both the parents shall not be held criminally liable in the following cases:
In both cases, the parents of such a child are bound to provide identification papers as such birth certificates to the newborn, plus other compulsory travel documents, etc.
If the parents or any of them accept the paternity of the child born out of wedlock, a criminal case is not filed against them. If the parents get married they can save themselves from criminal cases. Only acknowledgment or acceptance of paternity is not enough, parents are responsible for providing proper identification papers and travel documents. The documents should be according to the law of the parent’s country or they can also be according to the law of the UAE. Once acknowledged the parents or father can add his surname to the child’s name.
Unmarried couples cannot get a birth certificate easily, the process is simple and quick. The parents can get the child’s birth certificate under Abu Dhabi’s new secular family law, parents just have to submit the declaration of paternity and a court order. The court order is important because unmarried couples need permission from the court to address the Department of Health-Abu Dhabi. Consulting a legal adviser or a lawyer can make the process easier and more convenient.
The parents are required to fill out an application form from Abu Dhabi judicial department’s website, the application form is for the information of the parents and the child. The parents are also required to sign a declaration acknowledging the paternity of the child.
The following documents are required to be submitted for obtaining a birth certificate:
The process is not so time taking, the parents can easily get the court order, and via using that \order the Department of Health issues the child’s birth certificate.
