Having about 200 nationalities of international scope and their diversity, as well as their diversity in personal beliefs towards life, the Emirati legislator will have numerous assignments hanging on his shoulders. On the one hand, the need to retain the identity of the Arab-Islamic state of the Emirates, and on the other, being open and accepting the cost of pioneering tourist and economic destinations in the Middle East.
The Emirati legislator has managed to attain a legislative and legal clarity such that incorporates them. Our scenario dwells on the problem of illegitimate pregnancy in the Emirates, and babies of unknown ancestry because of the illegitimate relations.
Illegitimate pregnancy from the perspective of UAE family laws:
When is pregnancy illegal according to UAE law?
The definition of illegal pregnancy is a sexual relationship, which occurred against or beyond the law established by the legislator and resulted in the female pregnancy. This would entail knowing what the legislator has written in order to make the pregnancy legal and that is the legitimate pregnancy which is the consequence of a legal marriage.
- The issues of certificates and civil facts of the Emirati Muslim family, the Muslim inhabitants of the UAE, and the definition of marriage are contained in one of its chapters, the pillars of marriage, the conditions, its effects, divorce, etc. The most obvious conditions of legal marriage as provided in the UAE law are:
- The girl reaches 18 lunar years.
- The guardian of the adult woman goes ahead to terminate the marriage contract with her consent.
- Assuming that the woman is neither permanently nor temporarily mahram to the man.
- Federal Decree-Law No. 41 of 2022 on personal status concerning civil is a regulation that governs the matters of civil certificates and status on which non-Muslim residents of the Emirates are subjected to, in addition to the issues of non-Muslim citizens. Likewise, the greatest legislative obligation of marriage between civil pertains to the fact that the husband and wife need to be 21 AD of age in case of marriage among brothers, sons, grandchildren, uncles, or maternal uncles.
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What is the penalty for illegitimate pregnancy in the UAE?
The Emirati legislator did not criminalize illegitimate pregnancy per se, he simply fined the approach that will result in the illegitimate pregnancy, as two individuals are engaging in sexual intercourse without a law structure that upholds all their rights and ensures cohesiveness of society.
Marriage laws were never aimed at the people but instead they were created with an aim of protecting the people and safeguard their rights and their children, class. The problem of illegitimate pregnancy is encompassed in the Penal Code of the UAE, the UAE Penal Code, and the section of crimes against honor /indecent assault.
Article 410 presents that any person intervening with a woman who fulfilled the age of 18 and became a mother of a child would be punished with a sentence of two years or over. She is also going to be punished similarly.
A criminal suit will never be brought about in any situation where they both or either one of them admit that the child is fillable thanks to the issuance of the documents of identity and the documents of traveling of the nation in which either of them is supposed to be a member because of his or her nationality.
The above leads to annulment of the criminal case or suspension of carrying out the punishment as it might be.
Is pregnancy in customary marriage considered an illegitimate pregnancy in the UAE law?
An illegitimate pregnancy is therefore a sexual affair outside the context of marriage that has been enacted by the UAE law. We now turn to the question of the marriage registration process particularly in the Islamic legislation since it is not necessary in Islamic legislation to have the formality of marriage registration being duly accomplished before marriage can be considered as a valid contract within Islamic law.
In the case of the law, common-law marriage might not be punishable.
Nevertheless, it does not guarantee any rights to the husband, the wife, or even the children, since the civil departments will not register the child until the ruling of the Sharia court confirms the marriage at first, and then the children will receive the ruling confirming their descent.
In relation to marriage without consent of the guardian and also one that was in a secret marriage, it might not be accompanied by punishment.
Consequences of illegitimate pregnancy (children of unknown parentage) in the UAE
What does the law of the UAE do with the children of no legitimate relationships born?
The UAE law frowns upon the idea of adoption, i.e. attributing the lineage of a child to a different person, or his mother and father, and acknowledges another system accepted by the Emirati legislator in the Federal Decree Law No. 1 of 2012 on the care of people of unknown parentage, according to which the latter can take care of and adopt children who are the product of illicit relationships of unknown fathers.
The custodian is either complying with the controls, terms and conditions of this family, either she is an Emirati or resident in the United Arab Emirates, or in accordance with the public or private social institutions and bodies.
The Children Law in the Emirates also upholds a child, who has been temporarily or permanently denied his family and has missed a healthy and natural family set up, the right to health, and social, educational and other care.
The Federal Decree-Law No. 2 of 2001, which is in effect, on social security addresses the problem of monthly assistance and social benefits on those of unknown parentage in addition to the orphans.
Percentages of children in illegal pregnancy (of unknown parentage) in the UAE
Newborns whose parents are not known are also covered by the Decree 1 of 2012 stipulated above since the latter governs the care of the children of unknown parentage (foundlings in its common meaning) rights of humans and psychology, and realizes the best interest of the children.
The care home settles a quadruple name to the child and it is forbidden in any manner to show furthermore that they are unaware of the ancestry of the child either in his birth certificate or any other identification papers and stipulates in the second paragraph of Articles 8 and People of unknown parentage that a register is created in each emirate, which coordinates with the competent authorities in the Ministry of Interior where all related information is stored.
Similarly, the UAE law does not allow non-specialized individuals to have access to copies or copies of the content of the records or even to see the register.
And under Article 17 of the decree which lastly appears, the article provides that where in a final judicial decision the paternity of a child of unknown paternity is established, then the foundling child shall be re-registered under the name of the person whose paternity is proven to him according to the laws in existence to establish parentage in the United Arab Emirates.
What is interesting to mention is that Articles 3-4 provide the procedures to be followed in case a child with unknown parents is discovered. So what is it?
What are the necessary procedures when seeing a child of unknown parentage in the UAE legally?
Report the location of the child to the police, the time he was discovered and his medical status.
- Or go to the nearest police station with all the stuff that was found on him or around him that belongs to the child.
In case the child seems to require medical attention urgently, the individual should report the case at the police station and details of the case and transport him to the closest health facility.
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Is there any question regarding illegal pregnancy in the Emirates?
Consult one of the senior lawyers of personal and family status in Dubai under HHS Office of Legal Services and Consultations.
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