Registering Births in the UAE for Ex-Pats
Date Posted:Wed, 31st May 2023
This a common question which arises with many apprehensions with the varying scenarios. Following the birth of a child in the UAE, you have up to 30 days to register the birth. To obtain a Birth Certificate, the following documents should be submitted, either to the hospital/clinic where the child is born, if it is a government facility or the concerned Health Authority if it is a private facility :
• An attested Marriage Certificate, which is to be translated to Arabic if the original is in a different language;
• Original and copy of the parents’ passports and residence visas;
• Birth notification which will be issued by the facility.
Upon receipt of the Birth Certificate, the Ministry of Health of Prevention and the Ministry of Foreign Affairs must attest it for it to be recognised in the UAE and abroad.
Registering a birth in the UAE where the parents are not married, the mother is single or the father is unknown.
Federal Law No. 41 of 2022 now permits the birth of a child outside marriage and the registration of birth of a child to unmarried parents. Article 14 states that parentage may be proved by marriage, or by the acknowledgment of the father and mother and approved by the Court. The father and the mother of the child will have to complete and sign the Court approved application form and they must sign the declaration confirming that they are the biological parents of the child. Upon receipt of the documents, the Court will provide an Order which can then be produced to obtain a Birth Certificate.
Article 11 of the Federal Law No 10 of 2022 addresses birth Notification and Birth Certificates for a child with an unknown father and states that the health facility shall issue a birth notification for the child of an unknown father based on the unmarried mother’s details as recorded on either her Passport or her Emirates ID. However, this will only be done based on a Court Order from the competent Court. The Order must contain the name and nationality of the child, on the basis of a declaration from the mother. The decision of the Court shall be noted on the Birth Register but not on the Birth Certificate. Once the Order is made, the mother will usually receive the Order from the Court within 48 hours and can then proceed to obtain the Birth Certificate for the baby.
Passport and ID documents for the baby
Further to obtaining a Birth Certificate, the parent/s will have 120 days from the date of birth to obtain a passport, a residence visa and Emirates ID for the baby. If the residence visa is not obtained within this timeline, a fine of AED 100 per day will be levied and the baby will not be permitted to exit the UAE until the fine has been paid.
The above is a general commentary on the subject matter and should not be construed as specific legal advice. Information stated in the article are subject to change and updated information as to the relevant Laws, Rules, Regulations and requirement should be sought prior to making any application. To seek specific advice, please contact Head of Family Law department, Dee Popat.