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Is Adoption Available to Individuals and Cohabiting Couples under U.A.E Law?

In the UAE, adoption is illegal. Islamic Sharia, however, prohibits the adoption of (verse 5 of Surah 33 Al-Ahzab, the Quran). UAE nationals and Muslims, therefore, cannot adopt a child. They can, however...

February 3, 2021

Article

In the UAE, adoption is illegal. Islamic Sharia, however, prohibits the adoption of (verse 5 of Surah 33 Al-Ahzab, the Quran). UAE nationals and Muslims, therefore, cannot adopt a child. They can, however, care for and care for an orphan or abandoned child, but they cannot give the child their family name, they can only be the child's foster caregivers.

The foster parents, however, may suggest the first name of the child,and the judge may order the surname of the child. Foster care children are abandoned children in almost all cases, so it is likely that the court may nominate the new surname of the child as the surname of the foster father.

Under UAE Federal Laws: in the UAE, if proven otherwise, an orphan or abandoned child is considered to have been born in the UAE and to be a legitimate citizen, and thus to have acquired UAE nationality.

UAE law prohibits the adoption and fostering of non-Emirati spouses;however, children can still be adopted by expatriate spouses, but only outside the UAE. Acceptances made abroad shall, as such, be recognized. The rights and protection of adopted children shall be equal to those of the biological children of expatriates.

The admission procedure for expatriates from the UAE will also be carried out, irrespective of the nationality of the spouses. Couples should contact their own embassy to comply with the adoption process.

The requirements for adoption are those concerning the adoption of the parent's national legislation and the adoption of the child's national legislation. If all partners' domestic law prohibits adoption, it is illegal.

As stated above, the UAE prohibits adoption, but allows expatriate adoption as long as it is permitted by their national law and permitted by the adopted national law of the child. Thus, if the infant has the same name as the adoptive parents, international adoption orders may be accepted in the UAE. If the adoption takes place in a foreign country and the surname of the child is changed to that of the adoptive parents, the adopted child will then come to the UAE, as their legitimate offspring, obtain residence sponsorship and be protected as their child under the law. UAE legislation would not discriminate between a biological child and an adopted child in this situation.

In conclusion,cohabiting couples or individuals are not allowed to adopt under UAE law, but under UAE law, adoption that has been duly and legally carried out abroad is permitted.

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