UAE Law and Practice Contributed by: Awatif Al Khouri, Awatif Mohammad Shoqi Advocates & Legal Consultancy
vides mechanisms for establishing parentage outside marriage. Abu Dhabi Law No 14 of 2021 on Civil Marriage and Its Effects Under the Abu Dhabi civil family law regime, Article 14 of of Abu Dhabi Law No 14 of 2021 provides that a child’s paternity may be established by marriage or by the declaration of the father or mother. Marriage is therefore one of the statutory means by which pater - nity may be established under the Abu Dhabi frame - work, but it is not the only means provided by law. The conditions and procedures for issuing the child’s birth certificate are determined by the Abu Dhabi Judicial Department. 1.6 Same-Sex Relationships The UAE legal framework does not recognise same- sex marriage nor provide a separate process for obtaining parental responsibility in same-sex relation - ships. 1.7 Adoption As a general rule, UAE law does not operate the tradi - tional adoption model under which an adopted child acquires a new legal lineage equivalent to that of a biological child. Instead, Federal Decree-Law No 24 of 2022 Regarding Children of Unknown Parentage pro - vides for children of unknown parentage to be placed in the custody of approved custodial families. Such arrangements provide for the child’s care and upbring - ing without creating biological lineage. Separately, Article 14 (3) of Federal Decree-Law No 41 of 2022 on Civil Personal Status authorises the Cabi- net, on the proposal of the Minister of Justice, to issue a resolution regulating the procedures, provisions and effects of adoption and alternative families. Accord - ingly, any application falling within the civil personal status regime must be considered by reference to the specific legislation and implementing rules applicable to the particular circumstances. In Abu Dhabi, Law No 14 of 2021 on Civil Marriage and Its Effects and Decision No 8 of 2022 establish a sepa - rate civil family law framework. Decision No 8 of 2022 expressly includes adoption within the definition of “Civil Family Matters” falling within the framework of
the Abu Dhabi Civil Family Court. However, that defini - tion does not by itself create a complete substantive adoption procedure, nor automatically confer parental responsibility. Any such application must therefore be considered by reference to the legislation and proce - dures applicable to the particular circumstances.
2. Relocation 2.1 Whose Consent Is Required for Relocation?
Relocation of the child in the UAE commonly arises in the context of a parent seeking to take a child outside the UAE temporarily for holidays, education, medical treatment or family visits, or permanently following separation or divorce. The applicable legal position depends on whether the family is governed by the Federal Personal Status Law, the Federal Civil Person - al Status Law or the Abu Dhabi Civil Personal Status Law. In either case, the consent of the other parent is important while making such decisions, as UAE law underscores the importance of the involvement of both parents in the affairs of their children. Short-Term Travel Under Federal Decree-Law No 41 of 2024 on Personal Status Law, the custodial parent may travel outside the UAE with the written consent of the other parent or the guardian over the person in the event of the father’s death; in the absence of consent, the court’s permis - sion may be sought. The guardian, usually the father, retains the passport of the child and hands it over to the custodian (usually the mother) for authorised travel. If the guardian unreasonably refuses to hand over the passport, the court may intervene. The court may grant permission to the custodial parent to travel with the child for a period or periods not exceeding a total of 60 days in a year, provided that a guarantee is provided to the court to ensure the return of the child. The court may exceed the 60-day period where the travel is for the benefit of the child, for treatment or for another necessity determined by the court after considering the other parent’s or guardian’s position. Under the Federal Civil Personal Status Law, joint cus - tody is the starting point following divorce. Article 21 of Cabinet Resolution No 122 of 2023 provides that,
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