Tim Elliott
Welcome to Lawgical, the UAE’s first and still the only legal podcast. My name is Tim Elliott. Lawgical is brought to you by the Dubai-based legal firm HPL Yamalova & Plewka. As always, here’s the managing partner, Ludmila Yamalova. Good to see you.
Ludmila Yamalova
Good to see you too, Tim, as always.
Tim Elliott
Ludmila, our last two podcasts covered how to get a birth certificate for a child despite being unmarried. This time, let’s put together a roadmap breaking down the steps required to work through the process. There have been lots of changes, particularly to Article 356 of the Penal Code, which is where this stems from. My first question is, where do we start? What’s the beginning of the procedure?
Ludmila Yamalova
The starting point is the federal regulations, which outline the requirements and steps to follow if you find yourself in a situation where:
- A child is born without a marriage certificate.
- The marriage certificate is less than six months old when the baby is born.
- The marriage certificate is invalid or there are other circumstances.
Under the regulations, a formal court process must be filed to request a birth certificate. The UAE Ministry of Health is the issuing authority for all birth certificates. Previously, in some Emirates like Dubai, the local health authority (e.g., Dubai Health Authority) also issued birth certificates. However, as of a recent circular, this authority has been centralized under the Ministry of Health across the UAE.
Tim Elliott
What kind of court process is this?
Ludmila Yamalova
It’s not a full-fledged court case but an expedited judicial tool called an “order on petition.” This is an ex parte process, meaning the opposing party is not served until a decision is issued. This saves significant time and resources compared to traditional court cases.
Under this umbrella of “order on petition,” there are subcategories relevant to birth certificates, such as:
- Proving lineage.
- Proving marriage.
- Issuing a birth certificate.
For instance, if there is a dispute regarding the father of the child, you may file an order on petition for proving lineage.
Tim Elliott
What documents and steps are involved in filing this petition?
Ludmila Yamalova
Everything must be done in Arabic, and most of the process is now online. Here’s how it works:
- Activate your UAE Pass using your Emirates ID and smartphone.
- Use the UAE Pass to set up court access on the relevant court website (Dubai Courts, Abu Dhabi Courts, etc.).
- Select the appropriate subcategory under “order on petition” (e.g., proving lineage or issuing a birth certificate).
- Submit the following documents:
- Birth notification (typed, not handwritten).
- Copy of the mother’s passport.
- Copy of the father’s passport and Emirates ID.
- Marriage certificate (if applicable).
- Statement explaining the request.
The court fees are minimal—usually AED 100 to AED 1,000.
Tim Elliott
That sounds straightforward. What happens after the petition is filed?
Ludmila Yamalova
Once submitted, the court registers the case and assigns it to a judge. By law, the judge should respond within a day or two. The judge may:
- Request additional documents.
- Call for a meeting with the parties.
- Issue a decision directly.
In our experience, decisions are typically issued within three days of registration.
Tim Elliott
What does the court decision include?
Ludmila Yamalova
The decision may direct:
- The Ministry of Health to issue a birth certificate.
- The hospital to issue or amend a birth notification.
After the decision, you request the court to issue a letter addressed to the Ministry of Health or hospital. This letter facilitates the final steps in obtaining the birth certificate.
Tim Elliott
You mentioned the birth notification earlier. Why is a typed version necessary?
Ludmila Yamalova
A birth notification is a preliminary document issued by the hospital to record the birth. Initially, it’s handwritten. However, for legal proceedings, it must be typed and stamped by the Ministry of Health.
Hospitals input the handwritten information into their system, which is linked to the Ministry of Health. The Ministry then issues the typed birth notification with official stamps.
Tim Elliott
What if a hospital refuses to issue or type the birth notification?
Ludmila Yamalova
In such cases, you can file a complaint with the Ministry of Health through their online portal. Regulations in some Emirates, like Abu Dhabi, explicitly state that hospitals must issue a birth notification and cannot refuse.
Tim Elliott
Once the birth certificate is issued, what are the next steps?
Ludmila Yamalova
With the birth certificate, you can:
- Apply for a passport or exit documents for the child.
- Sponsor the child in the UAE.
The birth certificate will be in Arabic, so it must be legally translated for use in embassies or consulates. Some countries, like the US, issue a local equivalent of a birth certificate for citizens born abroad based on the UAE document.
Tim Elliott
That’s another episode of Lawgical, this time providing a roadmap for obtaining a birth certificate for a child born out of wedlock in the UAE. As always, our legal expert was Ludmila Yamalova, Managing Partner at HPL Yamalova & Plewka. Thanks, Ludmila.
Ludmila Yamalova
Thank you, Tim. Always a pleasure.
Tim Elliott
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