UAE Law and Practice Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
1. The Care Provider’s Ability to Take Decisions About the Child 1.1 Parental Responsibility In the UAE, there is no single concept directly equiv - alent to “parental responsibility”. Decision-making authority over a child is addressed through custody, guardianship and, under the civil family law regimes, joint custody. Federal Decree-Law No 41 of 2024 (“Federal Personal Status Law”) applies in the cir - cumstances specified in Article 1, including to UAE citizens where one or both parties are Muslim. Federal Decree-Law No 41 of 2022 on Civil Personal Status (“Federal Civil Personal Status Law”) provides the fed - eral civil personal status framework for persons falling within its scope, subject to the choice-of-law provi - sions in Article 1. Abu Dhabi Law No 14 of 2021 and Decision No 8 of 2022 provide a separate civil family law framework for persons falling within their scope before the Abu Dhabi Civil Family Court. Federal Decree-Law No 41 of 2024 on Personal Status The Sharia-based Federal Decree Law No 41 of 2024 provides for the custody and guardianship of children. Under Article 112, custody concerns the preservation, upbringing and care of the child, while guardianship concerns the broader supervision of the child’s affairs. During marriage, Article 114 provides that custody is upon both parents. Following separation, the mother is first in the statutory order of custody, followed by the father, although the court may depart from that order where the child’s best interests require. Article 112 further provides that the father – or another guard - ian where applicable – generally oversees the child’s affairs, discipline, orientation and education. However, a custodial mother has educational guardianship over the child, subject to the child’s best interests and the court’s power to determine any dispute concerning educational guardianship. Separately, Article 106 gen - erally places responsibility for a child’s maintenance on the father, subject to the conditions set out in that Article. Under Articles 122 and 123, the custody of the child ends at the age of 18 years regardless of gender. Once a child reaches the age of 15, they are free to choose
to reside with either parent, subject to the child’s best interests. Federal Decree Law No 41 of 2022 on Civil Personal Status The Federal Civil Personal Status Law provides for joint custody of the child till the age of 18 years. Thus, both the father and the mother have an equal and joint right over the children. Abu Dhabi Law No 14 of 2021 on Civil Marriage and Its Effects According to Article 16 (4) of the Abu Dhabi Civil Per - sonal Status Law, the parents shall have equal rights regarding child custody until the age of 16 years; after this age, the child shall have the right to choose between their parents. 1.2 Requirements for Birth Mothers Under the Federal Personal Status Law, a birth moth - er does not need to make a separate application to obtain parental responsibility. Article 87 provides that a child’s lineage to the mother is established by proof of birth. In practice, the mother’s identity is usually recorded through the birth certificate and related hos - pital or civil-registration documents. Once maternity is established, the mother will ordinar - ily be entitled to exercise custody of the child, which includes the child’s day-to-day care, upbringing, health and welfare, subject to any court order and the child’s best interests. This is distinct from guardian - ship, which may be exercised by the father under the Federal Personal Status Law. Under the Federal Civil Personal Status Law, there is likewise no separate parental responsibility applica - tion for a birth mother. Article 14 provides that a child’s parentage may be established through marriage or the declaration of the father and mother, following which the relevant authority issues the child’s birth certificate in accordance with the applicable procedures. Under the Abu Dhabi civil family law regime, there is likewise no separate application by a birth mother merely to acquire custody rights. Article 14 of Abu Dhabi Law No 14 of 2021 addresses proof of the child’s parentage and the procedures for issuing the
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