Adoption is banned, a prevalent misunderstanding among foreigners in the UAE. Many people believe that adopted children from other countries are not legally recognized in the country. The misunderstanding stems from the misconception that the UAE is a Muslim country that follows Sharia/Islamic law. However, the authorities are constantly working to make the law more accommodating to all of the people who come to work and live in the UAE.
Adoption is forbidden in Islam. However, it is legal in some forms in the UAE. Citizens of the UAE and Muslim expats are permitted to raise, care for, sponsor, or foster an orphaned or abandoned child. However, only when the procedure is carried out through authorized charitable organizations. Furthermore, the child is not permitted to adopt the foster parents’ surname, and he or she may keep their biological parent’s surname.
Any child adoption conducted outside of the UAE is also acceptable. Expats in the UAE can adopt according to their home country’s legislation, and the adopted kid has the same rights and protection as the biological child.
5 Things to Know About Child Adoption in Dubai
If you are planning to adopt a child in Dubai, you should follow these steps in order to abide by all the legal compliances.
Child Adoption for Muslim Parents
As previously stated, formal adoption is prohibited in Islam. However, financial help and caring for orphaned children are welcomed. The legal relationship between children and their adoptive parents is defined in the Quran, and the child’s biological family is always prioritized, and ties with them are never severed.
Adoptive parents are responsible for providing the child with parental affection, care, and financial support, but the child does not legally inherit anything. In Arabic, the Islamic term for adoption in kafala means to feed. The term broadly refers to the relationship between a foster parent and a child.
The relationship between a guardian and a child is governed by strict rules under UAE law, and the guardianship legislation differs from most nations’ typical adoption norms. The following are some of the legal provisions that characterize the nature of the child’s connection with adoptive parents:
- Adopted children are given the surname of their biological parents rather than the surname of the adoptive family.
- The government assigns the surname to abandoned children, and they keep it. The first name can be chosen by the parent.
- Adopted children inherit the characteristics of their biological parents rather than those of the adoptive parent.
- Adoptive parents and children are not legally considered blood relatives.
- Adoptive family members are legally acceptable as prospective marital partners.
- Where the grown child and adoptive family members are of the opposite sex, the law of privacy is enforced.
- Never forget that the adoptive family cannot replace the biological family.
- Parental legal responsibility encompasses child care, parental care, inheritance rights, and custody.
Child Adoption as an Expat
Non-Muslim expats are permitted to adopt children if the adoption takes place outside of the UAE and is recognized in their home country. In such instances, adoption is governed by the laws of the adopting parent’s and child’s respective nations. Adopted children have the same rights and protection as biological children once they and their parents arrive in the UAE. The legislation in the UAE makes no distinction between biological and adoptive children.
Process of Child Adoption in Dubai
When residing in the UAE, the adoption procedure consists of many phases. Before you begin the adoption process, you should consult with a family lawyer in the UAE. Our family attorneys in Dubai, Sharjah, Abu Dhabi, and other regions of the UAE have successfully handled a number of adoption cases. The lawyer also guarantees that your adopted kid, like you, is granted residence in the UAE.
Local authorities conduct a home study to begin the adoption process. The home study program comprises a complete psychiatric screening, weeks of counseling, and an evaluation of the parent’s eligibility. The home study process, which includes weekly treatment sessions, can last up to 10 weeks. The treatment sessions provide a number of advantages. They help prospective parents plan ahead and allow authorities to assess any potential dangers to the child. The authorities ensure that the parents understand the UAE’s child rights laws. The entire procedure is intended to assist children rather than parents. When the home study is finished, the prospective parents are given a psychological evaluation certificate that has been certified and signed by a licensed psychologist.
Your family lawyer can set up the adoption papers while the home study program is in progress. It is advised to pick a legal company in the UAE that has successfully assisted with the adoption procedure. Aside from documentation, your family lawyer assists in setting court dates, completing and filing papers, and obtaining exit documents. When the child arrives in the UAE, a residency application is made, and a citizenship application is made in the parent’s home country.
The steps for adopting a child while living in the UAE are as follows:
- HRIC’s home assessment (study) program.
- Prepare the documents and submit them.
- Contact an adoption facilitator in the adoptive parent’s home country or any other country of your choice.
- Travel to meet the child you wish to adopt.
- Finish the papers.
- Return to the child’s birth country while the court date is still pending.
- Request a visa and bring the child to the UAE.
- Apply for citizenship in the country where your parents were born.
- Regular reporting to authorities in the kid’s native country until the youngster reaches the age of eighteen.
Some General Conditions for Child Adoption in Dubai
Authorities have outlined some general guidelines for couples or individuals adopting children in the UAE:
- The adoptive child and other family members should be financially supported by the foster family or single mother.
- Foster parents must be capable of looking after a child’s well-being, raising him or her properly, and caring for his or her health.
- The foster family members or single mothers must be free of infectious diseases as well as behavioral and psychiatric disorders.
- During the home study, the family is expected to present evidence of good behavior, such as a police clearance certificate.
- A single mother who wants to foster a child must be both willing and knowledgeable about the procedure.
- The single mother must be at least thirty years older than the child.
- The foster couple must be at least 25 years old.
The Final Words
Adopting a child in Dubai is a legal process, but one must need to undergo some requisites and conditions to abide. The legal process can be ensured through consultancy with professional lawyers of Mai Alfalasi, who will ensure that all legal conditions are being met.
Practice Areas
- Commercial
- Corporate
- Dispute Resolution & Litigation
- Banking & Finance
- Insurance & Securitization
- Real Estate & Construction
- Technology & Data Protection
Mai Alfalasi Advocates & Legal Consultancy
1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates
Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae
Office Hours
9.00am to 6.00pm (GST)
Monday to Friday