Adoption is a word that is derived from the Latin word, meaning ‘adopter’ which means ‘to choose for oneself.’ It comes from the word ‘opter,’ which means that you have a choice to choose for yourself. This indicates that you can choose a daughter or a son for yourself who are not biologically related to you; thereby, you have a choice of choosing them. There is nothing instinctive when it comes to adopting a child, instead, the bonding is developed over time, and soon, both of them become an integral part of each other.
There is a prevalent misconception amongst the people that adoption is banned in the UAE. Not only this, but many people also think that adopted children from other countries are not wholeheartedly accepted in the UAE. This misconception is rooted in the Islamic or Shariah laws that are implemented in the UAE, which is an Islamic country. Nonetheless, the UAE government is constantly working on laws to make them more accommodating for expats who are willing to live in the UAE.
To that end, throughout this article, we are going to address some concerns related to the adoption process in the UAE and how things work for the expats.
Child Adoption Process in the UAE
Islam has prohibited child adoption, but in some cases and scenarios in the UAE, it is allowed. According to certain forms, Muslim expats and UAE citizens are allowed to raise, take care of, foster, or sponsor an abandoned or orphaned child.
Nonetheless, the entire process is done through licensed and charitable organizations, and the adopted child is not allowed to carry the name of their foster parents. They are obligated to continue with the name of their biological parents.
In addition, any child adoption that is done outside the UAE is also acceptable and expats living in the UAE can adopt a child based on their home country’s laws. The adopted child owns the same rights and perks as their biological child.
For instance, if a child is adopted in the UK and has adopted the name of their foster parents legally. To that end, the child can come to the UAE on a legitimate visa and can obtain residency as a UAE resident offspring. UAE laws make no distinction between the adopted and biological children.
Child Adoption Process for Muslims in the UAE
As mentioned earlier, legal adoption of a child is not permitted in Islam, but taking care of an orphan or an abandoned child is always encouraged. The Quran clearly signified and discusses the relationship between the adopted child and parents. At the end of the day, a child’s biological parents hold the prime importance in every decision and matter of a child. Also, the bond between a child and biological parents must never be broken.
However, adoptive or foster parents are completely responsible for completing the needs of a child including parental care, affection, and offering financial support to the child. Still, they are not allowed to inherit any property or legal assets to them.
In Islamic reference, the term ‘kafala’ refers to ‘to feed,’ which beautifully describes the relationship between the adoptive parents and a child and that there must not be any more relationship than that.
UAE implements these Islamic laws over the adoption scenarios very strictly. These guardian and child laws are different from those that are implemented in other countries.
Following are the characteristics that describe the relationship between a guardian and a child according to the UAE laws:
- Adopted children are not allowed to take the name of their adoptive parents; instead, they are bound to continue taking the name of their biological parents.
- For abandoned children, the government provides them with their surname, while adoptive parents are allowed to choose their first name as per their choice.
- Adoptive parents are not allowed to inherit any property from the adoptive child; they are only allowed to take the properties of their biological parents.
- By law, adoptive parents and children can never be considered as blood relations.
- Adoptive family members are legally allowed to be each other’s marital partners.
- Privacy laws are enforced on the grown-up children and adoptive members of the family when they are of opposite genders.
- Adoptive parents own the legal responsibility of an adoptive child of care, custody, and inheritance rights.
To comprehend the UAE laws regarding the adoption scenarios, it is always better to consult with professional lawyers such as SAR Lawyers. They are expert lawyers and always fight for your justice and to get you your legal rights.
Adoption in UAE for Expats
Non-muslim expats in the UAE are allowed to adopt a child in the UAE when the adoption process is carried out outside the UAE, and their relationship with the adopted child is accepted in the UAE. In such a scenario, the rules and regulations are adopted from the home country of the parents and child. Once they arrive in the land of the UAE, the children are allowed to enjoy the same perks as their biological children, as the UAE government makes no difference between an adopted non-muslim expat child and a biological child.
To get started with the adoption process, the UAE local authorities conduct a home study. There are certain free baby adoption centers in the UAE. This process includes a complete psychiatric screening, counseling, and a check on the parent’s eligibility in all terms. This home study includes weekly sessions that can last up to ten weeks. This treatment session has numerous benefits such as giving the parents an idea about what is coming up and allowing the authorities to get an idea about the couple’s plans and assess potential dangers.
Furthermore, the authorities also ensure that the couple is well aware of the UAE adoption laws and child rights. Primarily, the entire process is conducted to assist children rather than foster parents. Once the treatment is completed, a couple is granted a certificate from a certified psychologist which allows them to proceed with the adoption process.
Meanwhile, ask your lawyer if they have completed the adoption papers. It is better to get connected with a legal company in the UAE that is professional and experienced in taking care of the adoption process. Apart from the documentation, your lawyer will also be responsible for setting the court dates, completing and submitting the papers, and obtaining other relevant and important documents.
Following are the steps for the non-muslim expats who are willing to adopt a child and bring them to the UAE:
- Go through a complete home adoption program (HRIC) with an adoption service counselor or qualified psychologist.
- After completing the paperwork, get them attested by the certified authorities and submit them.
- Reach out to the adoption center in your parent’s home country or any other chosen country.
- Fly to the selected country to meet and adopt a child.
- Complete all the paperwork, apply for a child’s visa in the UAE, and bring them to the UAE.
Can You Adopt in the UAE? General Condition for Adopting a Child in the UAE
Other general conditions for parents willing to adopt a child in the UAE are as follows:
- Single mothers or foster parents must be able to support an adopted child and other family members financially.
- Foster parents must be able to take care of the children, including looking after them, their health, and overall well-being.
- During the process of home study, foster parents or a single mother are expected to show proof of their good behavior like a Police Clearance Certificate.
- Single mothers or foster parents must be free of any kind of infectious diseases as well as psychiatric or behavioral illnesses.
- A single mother willing to adopt a child must be willing to adopt a child.
- A single mother willing to adopt a child must be at least 30 years of age.
- Couples willing to adopt a child must be at least 25 years of age.
Is Adoption Legal in the UAE?
Though, legal adoption of a child in the UAE is not permitted in the UAE but parents can undergo certain laws and can raise a child with an unknown parentage. According to the UAE’s laws, there are some conditions upon which the orphan’s rights are reserved in the country.
As per the Federal law of the country, the UAE government provides a defined amount to every orphan under the UAE citizen’s care law. Moreover, the Ministry of Community Development (MoCD) takes care of the child homes and makes sure they get the best foster parents.
Concluding Thoughts
The adoption process in the UAE is a legal process with its own conditions, rules, and regulations. One must hire a professional lawyer who has been dealing with such matters in the past and is willing to complete your adoption process properly.
With an experienced lawyer by your side, you will be able to get the right assistance, and your adoption process will be completed without any hassle.
Frequently Asked Questions
1. How does the UAE take care of Orphans?
The child’s law in the UAE is known as the Wadeema’a Law. According to this law, if a child is deprived of their biological parents, has the right to go to the foster parents or private or public welfare institution if the foster parents are not available.
2. How Dubai Takes Care of the Abandoned Babies?
When a child is found in Dubai or Sharjah, the authorities send them to the care services or hospital while police search for their parents. If they can not locate the biological parents, the child is sent to the Department of Social Services.
3. Is Adoption Illegal in Dubai?
Adopting a child in Islam is forbidden. However, the UAE government has made it legal in some forms. Residents of the UAE and Muslim expats are allowed to raise a child as a foster parent, while non-muslim parents are allowed to adopt a child in their home country.
4. Can You Adopt a Child in the UAE?
According to the Laws of the UAE, adoption is not allowed. However, Emirati eligibles can raise a child of unknown parentage subjected to terms and conditions.