The UAE Personal Law No. 41 of 2024, effective April 15, 2025, ushers in a sea change in the way lineage may be proved when paternity or maternity is denied. These changes ease the burden of court procedures and bring the law abreast of the times.

Key Changes in Proving Lineage

1. DNA Testing as an Unconditioned Option
Under the New Law, Article 87 provides that proof of lineage through DNA testing is now a standalone and unconditioned method. Whereas, under the Old Law, Article 89 had provided supplementation by way of proof of filiation and having slept with the alleged parent before it would even resort to DNA testing.

• Old Law: DNA testing was allowed, but only when there was previously an ‘established relationship’ which was fertile.
• New Law: The party may demand DNA testing outright without the necessity of any ancillary proofs showing a prior relationship.
• Impact: It eliminates a large hurdle that normally faces those who try to establish either paternity or maternity.

2. Deathbed Declaration of a Child
Article 89.1 allows for the recognition of a child even in the final stages of life, provided certain conditions are met:

• The declarant is at least of age and in full use of his faculties and not under duress.
• The child’s filiation is unknown.
• The person to whom such declaration was made, if of sound mind and of full age, confirms such statement.
• The interval between the date of birth and that of the declaration is such that the declarant could be the parent.

Besides, the Court can order the DNA test, if needed (Article 89.2). This is a significant improvement from the former Old Law, where DNA tests are not mentioned explicitly in its Article 92.1.

3. Apellido Paternal can now be acknowledged
Under the Old Law, Article 92.2, even when the child’s lineage was established, it did not extend to the child’s grandfather, the father’s father. This has been deleted under the New Law, which would suggest that lineage can now extend to the paternal grandfather.

4. DNA Testing in Extraordinary Circumstances
Under Article 90, there is a new provision enabling the Courts to order DNA testing in exceptional circumstances, including:

• Cases of mix-ups of newborn babies in hospitals
• Accidents or disasters
• Disputes relating to a child’s lineage
• Application of the relevant authorities

This ensures, in cases where there might have been identity mix-ups or controversies, the authenticity of identity on legal matters.

5. Denial of Paternity is Now More Difficult
Previously, the Old Law allowed for a father to deny paternity within seven days of birth, and after such time, an action needed to be brought in Court within 30 days. The New Law (Article 93.1) limits such period to read:

A father now must file a Court action within 15 days of learning of the birth.
If no filing within the time limit, paternity is automatically established.
The above law is very applicable in situations when the couple is still lawfully married but the spouses are separated and the mother lists the husband as the father on the child’s birth certificate.

6. DNA Testing for Paternity Denial Cases
When the father starts a Court process to deny his paternity under the New Law, Article 94.1 & 94.2 in the following steps:

• The case will be ordered by the court if the mother agrees to it, on the basis of DNA test results, or if not, the mother refuses the same.
• Under the Old Law, DNA testing was not a primary method of resolving such disputes. The New Law formally integrates DNA testing, making it a key factor in determining lineage.

What This Means for Families in the UAE
The new provisions significantly modernize lineage-related laws, ensuring that scientific evidence plays a central role in resolving disputes. By:

• Eliminating outdated proof-of-relationship requirements before DNA testing.
• Recognizing grandparental lineage in confirmed cases.
• Legal clarity in cases of hospital mix-ups and extraordinary cases
• Paternity denial claims take less time.

The new Personal Status Law No. 41 of 2024 shows that the United Arab Emirates continues its approach towards modern, evidence-based laws in regard to judicial procedure, strengthening individual rights while keeping judicial intervention at the core. Beginning in April of 2025, individuals in lineage disputes will encounter a more direct, scientifically based law to handle their case.