ARTICLE
4 September 2024

UAE Adoption: Everything You Need To Know About The Process And Legalities (Video)

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
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 in the UAE. Expatriate couples residing in the UAE...
United Arab Emirates Family and Matrimonial

00:00 - Who Can Adopt in the UAE?

00:30 - Can Abandoned Children be UAE Citizens?

00:56 - Child Adoption Under Sharia Law

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 in the UAE. Expatriate couples residing in the UAE must look abroad to adopt children. 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 can obtain UAE citizenship and a UAE passport. This is set out in Article 2(e) of the Federal Law 10 of 1975, which amends the Federal Law No. 17 of 1972, Concerning Nationality and Passports. The law states that a child found in the UAE is deemed to be born in the UAE unless proven otherwise.

Under the 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 surname. The Federal laws of the UAE, which are based on the Sharia, 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, since 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.

For more details: https://www.professionallawyer.me/leg...

Originally published 30 August 2023

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More