Tim Elliott
Welcome to Lawgical, the first legal podcast from the United Arab Emirates. I think my name’s Tim Elliott. Lawgical comes to you from the Dubai-based legal firm, HPL Yamalova & Plewka. And as ever, here’s the managing partner, Ludmila Yamalova. Nice to see you.
Ludmila Yamalova
Good to be here, Tim.
Tim Elliott
This time, Ludmila, on Lawgical, decree law number 10 of 2022. And this is big news. Lots and lots of response on social media to your post about this.
It’s a new law that regulates the registration of births and deaths. It comes into force this month, in just a few days, in fact. Let’s start with what changes it means to existing regulation, Ludmila—first of all, over issuing a birth certificate specifically.
Ludmila Yamalova
Right, so as you pointed out, this regulation is decree law number 10 of 2022 regarding registrations of births and deaths.
But for the purpose of this podcast, let’s focus on births only. With regards to the birth part of the regulation, the most substantive change between this law and the previous law—the previous law, by the way, was issued in 2009—is that this is not just an amendment to the previous law on birth and death but rather replaces the previous law altogether.
The most important or substantive change, which perhaps has gained the most attention, is that for the purposes of registering or applying for a birth certificate, it is no longer required to only show a marriage certificate as was the case before.
Perhaps this is the most notable difference. The marriage certificate, which was the main requirement previously to obtain a birth certificate for children born in the UAE, is no longer the main document. So that is the biggest change.
In terms of some of the other amendments or changes to the overall process of registering births, there are a number of substantive and significant changes. To give a framework, the regulation covers three main categories:
- Notifications of births—when the birth happens, that’s called the birth notification.
- Issuance of birth certificates—a separate document issued on the basis of a birth notification.
- Penalties for failing to notify or submitting false information.
Perhaps as we go through the law, we can focus on these three categories.
The regulation also stipulates processes for births both in and outside of a medical facility, Ludmila. We’ll come to that. But I’m interested, if you would, in defining the birth notification. What does it include?
Ludmila Yamalova
The first process, as in any birth, is notification of the event itself. The new law touches upon two categories of births:
- Births within medical facilities.
- Births outside medical facilities.
This law seems to suggest that home births might now be more possible and regulated within a legal framework than they were in the past. The law clearly sets out these two types of births.
For births within medical facilities, there are nuances, such as the requirement for medical facilities to notify the Ministry of Health within 72 hours of the birth. This obligation lies with the medical facility and is less relevant to the parents.
The same requirement of 72 hours applies to births outside medical facilities. This is significant because, in the past, there wasn’t a legal framework for documenting home births. Now, the law spells out the requirements for registering such births, whether they occur with or without medical supervision.
For home births, parents need to notify the Ministry of Health within 72 hours and obtain a birth notification within 30 days.
A birth notification is a document that records details such as:
- When and where the child was born.
- Who the parents are, if known.
- Witnesses or medical practitioners involved in the birth.
For births outside medical facilities, parents must visit a medical facility with relevant witnesses and documents to apply for a birth notification. This must be done within 30 days.
In recent years, the process has become more digitalized and standardized. Hospitals now issue a computerized, Ministry of Health-stamped birth notification, which is linked to a centralized database.
Tim Elliott
It’s interesting that years ago, the process was very different. Medical facilities are now instructed to issue birth notifications on the basis of Emirates IDs or passports for the mother and father, if available.
Ludmila Yamalova
Exactly, and this “if available” is a key change. Hospitals can no longer refuse to issue a birth notification due to missing documents like marriage certificates. Previously, such refusals caused significant difficulties for parents.
The new regulation mandates hospitals to issue birth notifications irrespective of the father’s presence or the availability of a marriage certificate.
Tim Elliott
And what about birth certificates? I know there have been changes to that process as well.
Ludmila Yamalova
Yes, once you have a birth notification, the next step is applying for a birth certificate. The new law categorizes births into three groups:
- Births with known parents.
- Births with an unknown father.
- Births with unknown parents.
For births with known parents, the marriage certificate is no longer the sole document required. Parents can now submit a notarized confirmation from a notary public or their embassy stating the child is theirs.
This simplifies the process significantly, especially for couples whose marriage certificate might not meet previous requirements, such as the six-month validity rule.
For cases where the father is unknown, the mother can apply for a birth certificate through an expedited court process using the birth notification.
Tim Elliott
The penalties for not notifying a birth or providing false information have also changed, haven’t they?
Ludmila Yamalova
Yes, the law imposes a fine of no more than AED 5,000 for failing to notify a birth. This is a significant shift from the previous criminal penalties, making it more manageable for families.
However, there are severe penalties, ranging from AED 100,000 to AED 500,000, for intentionally providing false information about a birth.
Tim Elliott
Birth certificates, according to decree law number 10 of 2022, regulate both births and deaths. That’s another episode of Lawgical.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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