Tim Elliott
Welcome to Lawgical, the UAE’s first and only regular legal podcast. I’m Tim Elliott, and as always, I’m here with our expert, Ludmila Yamalova, managing partner at the Dubai-based legal firm LYLaw. Ludmila, great to see you.
Ludmila Yamalova
Good to see you, Tim. Always a pleasure.
Tim Elliott
This is a special episode of Lawgical, and we’re thrilled to welcome a special guest. She’s a recent mother of a baby boy, now a year old, both of whom are full-time residents of the UAE. To respect their privacy, we’ve changed their names. This is a unique case, and Ludmila and her team played a significant role, representing this mother in a challenging process. Ludmila, what are we talking about today?
Ludmila Yamalova
Yes, it’s a fascinating case about birth certificates for children with unknown fathers here in Dubai. Today, with our guest, we’ll delve into her journey—a mother who conceived her baby via IVF, the challenges she faced in obtaining a birth certificate, and how we navigated UAE law. This case touches on both legal and emotional layers, as there were moments where the child didn’t have a birth certificate and was even temporarily named by someone other than his mother. So, stay tuned—it’s quite the cliffhanger.
Tim Elliott
It really is. So, let’s meet our guest. Lindsey, welcome.
Lindsey
Hi, Tim, nice to meet you.
Tim Elliott
It’s great to have you here. Could you tell us a bit about yourself, where you’re from, what you do, and how you came to reach out to Ludmila and her firm?
Lindsey
Sure. I’m from the UK and have been living in Dubai for over 12 years. I decided to pursue having a baby through IVF. At that time, the laws were different and were changing as I became pregnant, so I reached out to Ludmila and her team for a consultation to understand my options—whether I should stay in Dubai to give birth or go back to the UK.
Tim Elliott
And you’ve been living and working here for some time, right? So you’re familiar with the corporate environment here.
Ludmila Yamalova
And to clarify, you’re not married, which is crucial here since it adds context to the legal challenges you faced in obtaining a birth certificate for your child.
Lindsey
Yes, exactly. Living in the UAE as a single mother pursuing this path wasn’t easy, especially when I first began considering it during COVID, around early 2021. I started with freezing my eggs, then decided to go ahead with IVF. Because it wasn’t legal at that time to be pregnant and unmarried in the UAE, I did the IVF in Greece with an anonymous donor from Denmark, intending to stay in the UAE as long as possible during the pregnancy while working through what I could do about the birth.
Tim Elliott
Congratulations—your son is now a year old. What an incredible journey. Now, back when you were preparing for the birth, where did you originally plan to give birth, and what happened?
Lindsey
I really wanted to stay here, as Dubai has been my home for years. Leaving the UAE to give birth would have meant leaving a month before my due date, and I wanted to work up to the last minute. Staying in my home environment felt better for both me and my baby.
Tim Elliott
And what did you know about the UAE laws on single mothers and birth certificates?
Lindsey
At the time, I knew that giving birth while unmarried had recently been decriminalized, but I wasn’t sure about my specific situation with no father in the picture. That’s when I reached out to Ludmila for clarity.
Tim Elliott
Did you encounter any issues at the hospital during delivery?
Lindsey
No, I felt supported. I followed Ludmila’s advice to notify the hospital beforehand about my IVF situation. Everything went smoothly in the hospital itself, though there was no admin staff available when I was discharged, so I had to return for the birth notification later.
Tim Elliott
So, Lindsey, after the birth, you needed to apply for a birth certificate. What did you encounter?
Lindsey
I thought I had the steps clear, but I ended up going to the wrong place first and was sent back and forth between the court and typing centers. The first thing they asked at each location was, “Where’s the father?” and when I explained there wasn’t one, they seemed supportive but kept redirecting me.
Ludmila Yamalova
Just to clarify for listeners, this process is vastly different for married parents, where the birth certificate process is handled by the hospital. Single mothers must do it on their own, often through a typing center, which acts as an intermediary for the court.
Tim Elliott
So, after these back-and-forth trips, you eventually received a document from the court called an “Ishhad” certificate. Lindsey, tell us what you thought when you saw it.
Lindsey
The document was in Arabic, so I didn’t know exactly what it said. When I asked, I found out the court had named my son Andrew Daniel Alfons instead of the name I’d chosen, Andrew James Johnson. I was shocked and didn’t know who “Daniel Alfons” was.
Tim Elliott
Ludmila, have you ever heard of a situation like this?
Ludmila Yamalova
Not until Lindsey’s case. We’ve helped other single mothers obtain birth certificates with their chosen names for their children, so this was a complete shock to us as well. At first, we thought it might be a mistake, perhaps a translation issue or something similar.
Tim Elliott
So what was the next step?
Ludmila Yamalova
We decided to file an order on petition, which we’ve used successfully before in similar cases. It’s an administrative request, different from a formal court case, and we expected a quick response. However, the court rejected our petition and instructed us to file a full substantive case.
Tim Elliott
A substantive case is a formal court case with hearings, correct? That must have been unexpected.
Ludmila Yamalova
Very unexpected, especially since we had to name a defendant. We ended up listing Lindsey herself, and eventually, the court required us to name the baby, Andrew, as the defendant.
Tim Elliott
Lindsey, how did this make you feel?
Lindsey
It was frustrating, worrying, and surreal to see my newborn listed as a defendant. I started to wonder if this would ever resolve. I even looked into getting documents from the UK to see if there was another route.
Ludmila Yamalova
We eventually got a hearing date, but as a substantive case, it required a formal process. At the hearing, Lindsey went in person, bringing baby Andrew along, which I think helped underscore the personal stakes. The judge seemed empathetic and assured her he’d issue a decision that day.
Tim Elliott
And did he?
Ludmila Yamalova
Yes, around 10 p.m., we saw the decision in the online system. The judge cancelled the “Ishhad” document and confirmed the name Lindsey had chosen: Andrew James Johnson. It was an emotional moment for us all—we had fought so hard for this, and it was a major victory.
Tim Elliott
Lindsey, how did it feel to finally see Andrew’s correct name on that document?
Lindsey
It was a huge relief. I’d started to doubt if it would ever happen, and seeing his real name felt like a victory for his identity. I could finally move forward with getting his passport and visa.
Ludmila Yamalova
Unfortunately, it wasn’t quite over. The Ministry of Health required another committee approval and a certification that the judgment was final. We ended up having to request another letter from the court, but each step encountered delays and rejections. It was challenging.
Tim Elliott
Eventually, though, you did get the birth certificate, right?
Ludmila Yamalova
Yes, on August 3rd, exactly six months after his birth, the Ministry of Health finally issued Andrew’s birth certificate under the correct name.
Tim Elliott
Ludmila, what does this case mean legally?
Ludmila Yamalova
It highlights both the challenges and the progress in UAE law, especially regarding rapidly evolving policies. The federal law is clear on birth certificates, but there are procedural inconsistencies that can cause confusion. This case emphasizes the importance of perseverance, creativity, and understanding the nuances of the law.
Tim Elliott
Lindsey, you’ve come a long way. How do you feel now?
Lindsey
Relieved, and incredibly grateful. I couldn’t have done it without Ludmila and her team. It was emotionally exhausting, but having Andrew’s birth certificate means we can move forward. I hope sharing this story helps other single mothers who might face similar challenges.
Tim Elliott
Thanks, Lindsey, for sharing your journey. And Ludmila, thank you for your expertise and dedication. That wraps up another episode of Lawgical. You can find us at LYLaw on social media, and all episodes are available at lylawyers.com. If you have a legal question or need guidance, reach out at contact@lylawyers.com.
