Birth Certificates for Unknown Fathers in Dubai

Birth Certificates for Unknown Fathers in Dubai

Birth Certificates in Dubai for Unknown Fathers

Babies, who are born to unknown fathers, in Dubai, may be given a name chosen by the Court. And not the name, chosen by the mother, and indicated in the Birth Notification, which is issued at the hospital.

The practice of the Court naming the child is based on the Dubai Personal Status Guide. In brief, this Guide requires that mothers, who give births in Dubai to babies with unknown fathers, to submit a request to the court to name the baby.

The Court then issues a document called, Ish’haad (aka Certification), which, among other thing, states the Baby’s name, as chosen by the Court. This Dubai Court’s practice is based on the: 1) Dubai Courts Personal Status Guide and Article 63, in particular; as well as 2) Decision No. 3 of 2021, Adopting and codifying this Personal Status Guide for the Dubai Courts.

Notably, this Dubai law differs from the UAE Federal Laws, on the same subject of Birth Certificate issuance in the UAE. At a federal level, it is the U.A.E. Federal Decree Law No. 10 of 2022 regulating Registrations of Births and Deaths, which came into effect October 15, 2022. 

This law, in short, provides a more streamlined approach to the issuance of birth certificates.  And gives the mother the option to name the baby, even in cases of unknown fathers. It may be that Dubai will ultimately adopt and implement the UAE Federal Law on this subject.

But for the time being, those who are considering giving births in Dubai, with an unknown father, would benefit from understanding the Dubai requirements closely and managing their expectations accordingly.  

 

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New Birth Certificate Law in the UAE

New Birth Certificate Law in the UAE

  1. Birth certificates in the UAE have been made easier to obtain!
  2. In short, a marriage certificate is no longer the main requirement to qualify for a birth certificate.
  3. For example, in cases where both parents are present, a notarized confirmation that the child is theirs, replaces the previous requirement of a marriage certificate, all together.
  4. In other words, there is no longer a minimum requirement for the marriage duration, as was the case before.
  5. In those cases, where the father is unknown, a specialized court would issue an order for the issuance of the birth certificate, on the basis of the mother’s undertaking.
  6. This is by virtue of a new Law No. 10 of 2022, Regulating Registrations of Births and Deaths in the UAE.
  7. Which cancels the previous Law No. 18 of 2009.
  8. And comes into effect on October 15, 2022.
  9. Related Podcast: https://lylawyers.com/podcast/new-birth-certificate-law-uae/