One of the top nations in the world to live and work in is the United Arab Emirates. Expats who want to start families there need to understand that the culture of the UAE varies, particularly when it comes to having children. Pregnancy was outlawed entirely if you were single or unmarried and lived in the UAE. A single woman will either be deported or face prison if local authorities learn she is pregnant. Physical punishment or lashings were used in several situations. These only happened a minimal number of times and then under highly unusual conditions.
Due to legislative developments in the UAE have changed as of 2020, unmarried couples are no longer punished for cohabitation. We should consider the effects it could have on the issuance of a baby passport, even if this might be excellent news for many couples who are not married. The primary outcomes of a baby passport in the UAE without Marriage will be discussed now.
Legislative reforms regarding child born outside Marriage
The UAE’s legislative reforms include several significant changes, including a new criminal code. It declares that relationships with people other than consensual spouses are not illegal and that any children born as a consequence of such a connection must be recognized and taken care of. Anyone who has child born outside marriage “shall be compelled to marry single or jointly recognize the child and give identity papers and travel documents in accordance with the rules of the country of which either is a citizen, taking into account the relevant laws of that nation.”
In the event of failure, both correspondents would face a two-year jail sentence under Criminal Law.
Legal Provision relating to Child born outside Marriage
The new Law officially decriminalizes sexual relationships between unmarried couples. But it’s crucial to acknowledge and adequately care for the child that results from such a relationship.
The UAE criminal code specifies in Article 410 that:
- anybody who engages in sexual activity with a female age 18 years or older and
- has given birth to a child will be punished with imprisonment for a term up to two years. Both man and woman should follow this.
Article 1 of Resolution No. 3 of 2021 states, either parent who resides in the UAE may apply to the Dubai Courts for a birth certificate on behalf of the child without affecting the declaration of paternity terms. The steps for acquiring the child’s birth certificate are outlined in Article 2 of the same resolution.
Registration of births no longer requires a marriage certificate, as it formerly did. Therefore, the UAE Courts will have the discretion to: Approve the grant of the birth certificate for the child even if the couples do not want to get married; and to Provide declarations that the parties are the parents and will be able to provide all necessary documents required to register the child in the UAE. A criminal complaint might be brought against the parents if they don’t consent to have the child’s birth registered.
CONSEQUENCES OF A BABY PASSPORT IN THE UAE WITHOUT MARRIAGE IN THE UAE
Following Sharia, marriage is the only legally recognized means for a couple to begin relationship and have a family. The couple’s marriage must be valid in order for their kid to be recognized by the law. What are the Sharia-compliant consequences of applying for a passport of the child in the UAE before getting married? In essence, it states that a kid born out of wedlock is not entitled to use his parents’ names legally.
THE NEW FAMILY LAW IN ABU DHABI
Both non-Muslim partners and unmarried Muslims from non-Muslim nations are covered under the new family law in Abu Dhabi. Regardless of how or when the woman became pregnant, this legislation respects the personal rights of couples to register their child. Therefore, there won’t be any more severe repercussions for children born out of unmarried couples or whose parents don’t have marriage certificates to prove their marriage.
Unmarried foreigners in Abu Dhabi may easily and quickly get the paperwork for their kids. The Abu Dhabi Judicial Department’s website has an application form that they may complete by providing information in both English and Arabic about the parents and the infant. At the conclusion, they must both sign a statement stating that the child is their joint property.
With the new legislation, to obtain a court order within a day is now simple. This procedure is also applicable to interfaith unions, such as the marriage of a Muslim woman with a non-Muslim man.Both parents must have valid identification when a woman in the UAE becomes pregnant outside of Marriage and has to register her child’s passport. To start a family with their newborn child, most couples decide to get married. The finest choices are to be married in the United Arab Emirates, Georgia, Seychelles, or online. The methods mentioned above Marriage allow expatriates living in the UAE to get married, after which they may register in their home country. Marriage lawyers at Dubai Court Marriage will assist you. The information presented here is a general commentary on the different issues and is not intended to be personalized legal advice. Don’t hesitate to contact Dubai Court Marriage for further information or guidance regarding any family-related concerns.