Tim Elliott
Welcome to Lawgical, the UAE’s first and still the only legal podcast. My name is Tim Elliott. And as always, Lawgical is brought to you by the Dubai-based legal firm, HPL, Yamalava and Pleska. And here’s the managing partner, Ludmila Yamalova. How great to see you.
Ludmila Yamalova
Good to see you too, Tim, as always. Thanks for being here.
Tim Elliott
Now Ludmila, the last podcast that we did together just a few weeks ago was Anne’s story about how you guys at LYLaw managed to help her get a birth certificate for her baby despite her being unmarried. It’s a fascinating story—groundbreaking, I’d say, in lots of ways. This time I wanted to update what is a unique legal situation and consider Anne’s story again, as well as some other case studies, because this is not as unusual as people may believe. It’s a legal situation now that you’ve got some experience of, I guess it’s fair to say.
Ludmila Yamalova
Yes, indeed. Since Anne’s story, we’ve had a number of other clients come our way, and we’ve had further exposure to other similar situations and cases, not just in Dubai but across other Emirates. So we have a few other interesting developments that we are proud to report and wish to update on.
Tim Elliott
Where things stand today with these particular clients and with the issue of obtaining birth certificates for babies for parents who either don’t have a marriage certificate or don’t have the right marriage certificate. Is it still an issue here in the UAE? This is a recent change to the law, but there are hundreds of women who believe they’ve committed a crime, which can lead to either a prison sentence or deportation.
Ludmila Yamalova
That’s exactly the case. Until perhaps the beginning of the formation of the UAE, there was a law in place that ultimately criminalized anyone who either gave birth out of wedlock or gave birth without the right marriage certificate. A marriage certificate being, for example, one that is between a woman who is Muslim and a man who is not. Under the UAE law, that kind of marriage is not considered a legal marriage.
There are couples who have given birth under those circumstances. Even if there is a marriage certificate, that marriage certificate is considered invalid. Or, for example, the marriage certificate is less than six months from the time the couple got married to the time the baby was born. All those circumstances fell under the same category or used to fall in the same category.
Tim Elliott
So what you’re saying is that previously birth certificates would not be issued unless a court process was initiated and a court order was issued?
Ludmila Yamalova
Exactly. In short, a formal court process was required to request the birth certificate to be issued. But prior to the issuance of the birth certificate, in the past, these kinds of relationships were considered criminal and were penalized by jail sentences and deportation. Both the mother and the father were subject to these penalties.
Tim Elliott
But the law changed. Tell us about the key amendment to Article 356 of the Penal Code.
Ludmila Yamalova
The key amendment came at the end of 2020. Previously, Article 356 criminalized what it referred to as “assault on honor,” even if consensual. That broadly encompassed things like adultery, cohabitation, and pregnancies outside of wedlock. Now, the law has been updated to criminalize only cases of rape or assault by force. This fundamental change means that consensual relationships are no longer criminalized, and by extension, pregnancies outside of wedlock are no longer penalized under criminal law.
Tim Elliott
What does this mean in practice now?
Ludmila Yamalova
In practice, it means that having a baby without a marriage certificate is no longer a crime. However, the process of obtaining a birth certificate still requires a court application. While the law is clear, its application is still evolving, and there are challenges in implementation.
Tim Elliott
Let’s dive into some of the cases you’ve worked on to illustrate these challenges. Anne’s story was one of the first you highlighted, and you’ve updated us on her case before. But for anyone unfamiliar, can you summarize her situation and where things stand now?
Ludmila Yamalova
Anne was one of our earliest clients dealing with this issue. She was an unmarried woman who unexpectedly gave birth in the UAE before the law changed in 2020. The father was not in the picture, and Anne had no marriage certificate. She was initially terrified because, at the time, pregnancies outside of marriage were still technically criminal.
After the law changed, Anne approached us, seeking help to obtain a birth certificate for her baby so she could leave the UAE and start a new life in her home country. This was particularly challenging because the initial birth notification listed the name of her estranged common-law partner from her home country as the father, even though he was neither the legal father nor involved in her life.
We filed a court case to request a corrected birth certificate that listed Anne as the sole parent. This required navigating untested legal territory since we were challenging the inclusion of a father’s name without a DNA test or direct acknowledgment. Thankfully, the court agreed with our arguments, and the UAE Ministry of Health issued a corrected birth certificate. Anne is now home with her child, beginning a new chapter of her life.
Tim Elliott
That’s such a positive outcome. But as you’ve mentioned, not all cases are straightforward. Let’s move to the second case—Ruby’s story. This was a situation you described as a miracle turning into a nightmare.
Ludmila Yamalova
Ruby’s story is quite different. She is a European national who was told for years that she couldn’t have children. Miraculously, she became pregnant while living in the UAE. Ruby and her partner were overjoyed and planned to marry. However, due to the pandemic and other delays, she ended up giving birth before they could formalize their marriage.
At the hospital, she faced immediate challenges. Without a marriage certificate, the hospital refused to issue a birth notification. She tried to resolve the matter through her embassy and home country, but those efforts failed. Her baby, now over a year old, still lacks a birth certificate or passport, which means no legal identity and no access to vaccinations or healthcare.
Ruby has reached out to us for help. We’re working with her on the next steps, which will likely involve filing a court application similar to Anne’s case.
Tim Elliott
That sounds incredibly distressing. Let’s move on to Mr. and Mrs. Smith—their case seemed to involve a happy couple but still hit legal hurdles.
Ludmila Yamalova
Yes, Mr. and Mrs. Smith were a European couple in a stable, loving relationship. They got married in the UAE, but their baby was born less than six months after their marriage certificate was issued. Under UAE regulations, a marriage certificate needs to be at least six months old for the couple to qualify for a straightforward birth certificate issuance.
When they reached out to us, they already had a birth notification but no birth certificate. We filed an order on petition to prove lineage, with the father essentially filing a case against himself to establish his parental status legally.
After a short in-person court meeting to finalize some documents, the judge issued a decision for the Ministry of Health to issue a birth certificate. This happened just before a Ministry of Health committee meeting, so the birth certificate was issued almost immediately after the meeting. They now have their baby’s birth certificate and are relieved to move forward as a family.
Tim Elliott
It’s fascinating how the process, while legally clear, can still be so complex in practice. Let’s turn to another intriguing case—what you called the illusionist couple.
Ludmila Yamalova
The illusionist couple were legally married, but their marriage was deemed invalid under UAE law because the wife is Muslim and the husband is not. Their home country’s marriage certificate included details about their respective religions, which flagged their union as invalid in the UAE.
Despite their marriage certificate being properly attested and legalized, the hospital refused to process their application for a birth certificate. We are working on a court petition to rectify the situation, but it highlights how personal status laws can complicate what would otherwise seem like a routine matter.
Tim Elliott
The complexity in these cases is staggering. Let’s discuss Davina’s case—this one involved the police, correct?
Ludmila Yamalova
Yes, Davina’s case was particularly heartbreaking. She was a single woman who became pregnant after a brief relationship with a married man. When she gave birth prematurely, the hospital notified the police. Despite the law having changed, she was handcuffed to her hospital bed, separated from her newborn in the ICU, and detained for several days.
The police file was eventually transferred to prosecution, and the case was dismissed since there was no longer a legal basis for criminal charges. However, the hospital still hasn’t issued a birth notification, and the baby remains without legal identity. We’re now assisting Davina with the next steps, including potential court action to secure a birth certificate.
Tim Elliott
It’s remarkable how much misinformation and outdated practices still persist, even a year after the law changed. What about the final case—the late bloomer?
Ludmila Yamalova
The late bloomer is a woman who delivered her baby at home four years ago, long before the law changed. Out of fear of prosecution, she never reported the birth. She and her now four-year-old child have been living in the UAE without legal status.
With the recent legal changes, she’s come forward, seeking to regularize her and her child’s status. We’re working with her to navigate the court process, obtain a birth certificate, and eventually allow her to return to her home country.
Tim Elliott
These stories are so varied and complex, but they all underline the importance of understanding the law and how it’s applied. As always, Ludmila, your expertise and dedication shine through.
Ludmila Yamalova
Thank you, Tim. It’s always a pleasure to share these insights and, most importantly, to help those in need. The changes in the law are a step forward, but we must continue to raise awareness and push for better implementation.
Tim Elliott
That’s another episode of Lawgical. This time, an in-depth look at how to legally address pregnancies outside of wedlock and obtain birth certificates here in the UAE. As always, our legal expert was Ludmila Yamalova, Managing Partner at HPL, Yamalava and Pleska. Thank you for your time and expertise.
Ludmila Yamalova
Thank you, Tim, as always.
Tim Elliott
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