Birth Certificates for Babies Born outside of Hospitals in UAE

Tim Elliott
Welcome to Lawgical, the UAE’s first regular legal podcast. I’m Tim Elliott. In today’s podcast, we’re focusing on births that occur outside of hospitals and the legal procedures that follow. With us is our resident legal expert, Ludmila Yamalova, Managing Partner of the Dubai-based legal firm, HPL Yamalova & Plewka. Ludmila is a US-qualified lawyer based in Dubai. As always, Ludmila, thanks for helping us navigate this topic.

Ludmila Yamalova
Thanks for having me here, Tim, and it’s always a pleasure to be chatting with you.

Tim Elliott
Can we start with an overview of the legal framework that governs births in the UAE, particularly those that occur outside of hospitals right now?

Ludmila Yamalova
Yes, indeed. The UAE has a very specific law regarding this. The legal framework for registering births in the UAE is governed by Federal Decree Law No. 10 of 2022 concerning the registration of births and deaths. While it may sound grim to include both births and deaths in the same title, this law establishes the procedures for registering both.

This law covers births that occur within or outside of health facilities. Its primary aim is to ensure that all births are accurately documented in a timely fashion.

Tim Elliott
What are the procedures if a birth occurs outside of a health facility?

Ludmila Yamalova
If a birth occurs outside of a health facility without medical supervision, the law mandates that the birth must be reported to the nearest health facility within 30 days. The reporting process involves individuals in a specific order of priority:

1. The child’s father, if present, or the mother.
2. The person in charge of family affairs, if the father is absent or deceased.
3. Adult relatives up to the fourth degree who attended the birth.
4. Any other person who attended the birth or was appointed by one of the newborn’s parents.

Tim Elliott
What happens once the birth is reported to a health facility?

Ludmila Yamalova
The health facility must examine the mother and newborn and notify the concerned department within 72 hours after issuing the birth report. If the notification is delayed beyond the 30-day period, the health facility will prepare a medical report, and the concerned person must submit the request to the health authority, which will then refer the case to a specialized committee for review and appropriate action.

Tim Elliott
Can you tell us more about this specialized committee?

Ludmila Yamalova
Certainly. The law establishes a “birth and death committee” within each health authority in the UAE. Since the UAE is made up of seven Emirates, each Emirate has its own health authority and corresponding committee.

These committees review cases that fall outside the standard reporting periods or involve complications. Their role is to ensure that all legal and medical standards are met before approving the registration of a birth.

Tim Elliott
Are there specific requirements for the information included in the birth notification?

Ludmila Yamalova
Yes, the birth notification must include:

• Date, time, and place of birth.
• Sex of the newborn.
• The newborn’s name.
• Full names, dates of birth, nationalities, and religions of the parents.
• Identification documents for the parents.

This information ensures that the birth is recorded accurately and aligns with the parents’ details.

Tim Elliott
Is there a requirement for the parents to be married for a birth to be registered?

Ludmila Yamalova
This law does not explicitly require parents to be married for a birth to be registered. However, to obtain a birth certificate, certain documentation, such as a birth notification and identification documents, is required.

If the parents are married, a marriage certificate or an acknowledgment of parentage legalized by the relevant authorities is needed. If such documentation is unavailable, the birth can still be reported and registered. However, obtaining the birth certificate might involve additional steps, such as a judicial order to establish parentage.

Tim Elliott
What does this law mean for home births, Ludmila?

Ludmila Yamalova
For home births, this law provides a clear framework to ensure proper registration. If a birth occurs at home without medical supervision, it’s critical to report it to the nearest health facility within 30 days.

This requirement ensures all births are documented, and the necessary medical and legal procedures are followed. It also addresses concerns about legal recognition for home births and ensures that the mother and newborn receive appropriate care and documentation.

The law creates clear guidelines, offering reassurance to parents about the process of registering a birth outside of medical facilities.

Tim Elliott
There are children born before laws decriminalizing births out of wedlock. As a result, many lack birth certificates. What can these individuals do?

Ludmila Yamalova
This is an important issue. Since the UAE has liberalized its laws, including decriminalizing births out of wedlock, many parents have sought guidance on legalizing their children.

For those born before the law changed, the process involves applying to the concerned department to obtain a birth notification and certificate. This typically includes:

1. Working with the specialized birth and death committees.
2. Possibly seeking a judicial order, such as a court petition, to finalize the registration.

While the process can be complex, it provides a pathway to legalizing children previously unregistered due to outdated laws.

Tim Elliott
What about penalties for non-compliance with the law?

Ludmila Yamalova
Penalties are primarily administrative and financial. For example:

• Failing to report a birth within the required timeframe may result in a fine of up to AED 5,000.
• Intentional non-reporting of a death or covering it up could result in a fine of up to AED 15,000.

Severe violations, like providing false data or tampering with records, could lead to imprisonment and fines ranging from AED 100,000 to AED 500,000.

However, parents who didn’t register births earlier due to the law criminalizing their circumstances are unlikely to face these harsher penalties.

Tim Elliott
Have these medical committees already been formed?

Ludmila Yamalova
Yes, these committees are operational and function under each Emirate’s health authority. They are guided by resolutions issued by the Ministry of Health and Prevention.

Tim Elliott
Do you have real-life examples of how these procedures are applied?

Ludmila Yamalova
Yes, a notable example involves home births attended by licensed medical practitioners. If a licensed professional oversees the delivery and documents the birth, it’s treated similarly to a hospital birth.

This law also clarifies that home births are not illegal. Women preferring home births now have a clear legal framework to ensure proper registration and documentation.

Tim Elliott
Any criticisms or challenges related to these procedures?

Ludmila Yamalova
The stringent documentation requirements can be challenging, especially for undocumented births. Additionally, complex cases requiring judicial orders may prolong the process. However, the clarity provided by the law helps ensure legal compliance and protect all parties’ rights.

Tim Elliott
Do you think this law might encourage more home births?

Ludmila Yamalova
For women who already preferred home births, the law offers reassurance and legal certainty. However, it’s unlikely to encourage home births among those who wouldn’t have otherwise considered it.

Tim Elliott
Can you summarize the key points of this law?

Ludmila Yamalova
Certainly:

1. Federal Decree Law No. 10 of 2022 governs births and deaths in the UAE.
2. Births outside health facilities must be reported within 30 days.
3. Specialized birth and death committees review complex cases.
4. Accurate documentation is required for registration.
5. Parents’ marital status impacts the documentation needed.
6. Home births are legally recognized with clear registration procedures.
7. The law addresses cases of undocumented children born before decriminalization.
8. Non-compliance penalties range from AED 5,000 to AED 15,000.
9. Women preferring home births now have a legally supported framework.

Tim Elliott
This has been Lawgical, focusing on births outside hospitals and the legal procedures that follow. Thank you for listening. And thank you, Ludmila Yamalova, for your insights.

Ludmila Yamalova
Thank you, Tim. Always a pleasure.

Tim Elliott
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