Registering Births in UAE – The New Law
17 Oct 2022
The Law shall apply to cases of birth in the State and also births that take place outside the State in respect of Citizens. For the purposes of this article, we will not be addressing the issuance of Birth Certificates for a Citizen outside the State however can advise on this if required.
The Law states that a unified national register for births shall be created by the relevant Health Authority whereby the Ministry and the other Health Authorities shall coordinate with the concerned entities about the data and statistics related to births in UAE.
Reporting of a birth is outlined in Articles 4 and 5 of the Law depending on where the birth took place and states that a Health Facility where the birth took place must notify the concerned department within 72 hours from the time of birth.
Where a birth takes place outside aHealth Facility without medical supervision, the following persons must inform the nearest Health Facility within 30 days:
a. The father of the child, if present, or the mother.
b. The person in charge of the family affairs, should the father be absent or die prior to the birth.
c. Any adult relative up to the 4th degree attending the birth.
d. Any other person who attends the birth or is assigned by either parent of the newborn.
The Health Facility shall issue the birth notification, subject to the submission of ID or passport of the mother and father, if any, and, in case of birth outside the Health Facility, the ID or passport of the reporting person, without the need for other documents. The information required on the birth notification should include: the day, date and time of Birth; the gender of the child; the name of the child; full name of the father and mother, their dates of birth, nationality, religion and ID or passport for those not residing in the State; name of the Health Facility where the birth took place and the name of the birth attendant.
In order for a Birth certificate to be issued, the applicant must provide the birth notification, Marriage Certificate or a declaration of lineage from the parents which is attested by the Embassy of their home Country or by the Notary Public and the parents ID or passport.
Although the official in charge of entering the data should ensure that all information entered on the Birth Certificate is as stated on the Birth Notification, the applicant should also verify the information as a separate process, involving the Court would have to be followed to change the details on the Birth Certificate. A Birth Certificate shall be issued in Arabic and the applicant can request a copy issued in English, id required.
Under Article 9, if an application to obtain a Birth Certificate is submitted after the lapse of the time limit specified above, the concerned Department must accept the application and refer it to the Committee for decision.
Article 11 of the Law 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 his mother's details as recorded on either her ID card or passport. However, this will only be done based on a Court Order from the Competent Court containing the determination of 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 Births Register but not on the Birth Certificate.
Reporting the birth of a stillborn child is a requirement and is outlined in Articles 16 and 17 of the Regulation.
Any Birth Certificate and official extract from the Register shall be considered an official document. Failure to place notification of a birth within the above-mentioned period shall incur a fine of not more than AED 5,000. Further, where a person intentionally submits incorrect data, makes any changes to the data on the Birth Register without a Judgement from the Court or deliberately destroys or causes the destruction or loss of the Birth Register or any of its papers, the Court will strike out the invalid data and the accused shall be sentenced to detention for a minimum term of 1year and can be fined no less than AED 100,000 and no more than AED 500,000.
The above is a general outline of the New Law. For specific information or advice in relation to any matters concerning children, please contact our Family Department