Legal Articles / Family Law


Adoption in the UAE

family law

|

November 04, 2012

|

3525 views


Sadly a great number of children are abandoned in the United Arab Emirates each year. Most likely this is as a result of young mothers being fearful of the repercussions of bearing a child outside wedlock. It is a criminal offence in the United Arab Emirates to have a sexual relationship outside marriage.

In practice without clear evidence of the offence, no criminal sanctions are implemented. However the birth of a child to unmarried parents is clear evidence. 6 newborn babies were found abandoned in the UAE in 2011 alone. The publicity of these abandoned children has led to the issue of adoption being discussed frequently in the local press.

The laws of the UAE prohibit adoption within the UAE by non-Emirati couples. This means that only Emirati citizens holding UAE passports may adopt abandoned children from the UAE. Expatriate couples residing in the UAE must look abroad to adopt children, typically to Ethiopia or Mexico. The adoption process for expatriates can still be conducted from the United Arab Emirates, regardless of the nationality of the parents.

Abandoned children that have been born in the UAE obtain can obtain UAE citizenship and a UAE passport. This is set out at Article 2(e) of the Federal Law 10 of 1975, which amends the Federal law 17 of 1972. The law states that a child will be deemed abandoned in the UAE unless proved otherwise.

Under Sharia law, it is encouraged for parents to care for a child that is not their biological child, and nurture that child as if he was their own. However it is prohibited for those parents to give the child their own surname. The Federal laws of the UAE (based on Sharia laws) circumvent this issue by allowing the adoptive parents to nominate the child’s first name, whereas the Court would order the child’s surname. In practice the children being adopted within the UAE are always abandoned, therefore their true identity at the time of adoption is not known. It is therefore possible for the Court to nominate the child’s new surname, making it the same as the adoptive father’s.


Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.

Want to know more?
Then talk to us.


Client Testimonials

I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.

Raphael Lauria
Manager, FME General Trading

Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.

Zhuo Liu
Client

...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...

H.H. Sheikh Saeed Bin
Mohammed Hashir Al Maktoum

I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.

Luis Pozueco
Client

Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.

Bassam Yamout
Director, JM Metal Trading LCC

He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.

Philippe Delbecq
Client

Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.

Anil Relwani
Manager, Luxury Real Estate

Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.

Asma Mattar
Manager, Italian Style

Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.

Dr. Massimo Hakim
Chairman, Italian Style

I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.

Manish Gupta
Marketing Manager, Express Digital System

Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.

James Horsley
British Client

Main Menu

Contact Me