Resolution No. (22) of 2021

Concerning the Issuance of Birth Certificates to

Newborn Children of Foreign Parents Residing in the Emirate of Dubai^{^[1]}

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We, Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Chairman of the Judicial Council,

After perusal of:

Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab Emirates and its amendments;

Federal Law No. (10) of 1992 Issuing the Law of Evidence Governing Civil and Commercial Transactions and its amendments;

Federal Law No. (11) of 1992 Issuing the Civil Procedure Code, its Regulatory Bylaw, and their amendments;

Federal Law No. (28) of 2005 Concerning Family Affairs and its amendments;

Federal Law No. (18) of 2009 Regulating the Registration of Births and Deaths and its Implementing Bylaw;

Federal Law No. (3) of 2016 Concerning the Rights of Children (“Wadeema’s Law”) and its Implementing Bylaw;

Ministerial Resolution No. (476) of 2007 Concerning the Certificates and Attestations Bylaw and its amendments;

Ministerial Resolution No. (32) of 2021 Regulating the Procedures for Issuing Birth Certificates to Newborn Children of Foreign Parents Residing in the UAE;

Law No. (13) of 2016 Concerning the Judicial Authorities in the Emirate of Dubai and its amendments; and

Resolution No. (3) of 2021 Approving the Family Law Regulatory Procedures Manual of the Dubai Courts,

Do hereby issue this Resolution.

Applications for Registration of the Birth of Newborn Children

Article (1)

Without prejudice to the conditions of acknowledgement of parentage stipulated in Article (92) of the above-mentioned Federal Law No. (28) of 2005, either of the newborn child’s foreign parents residing in the Emirate of Dubai may request the Dubai Courts to issue the birth certificate of their newborn child.

Procedures for Applying for the Issuance Newborn Children's Birth Certificates

Article (2)

a. An application for issuance of the birth certificate referred to in Article (1) of this Resolution will be submitted as request for an order on petition to the summary judge of the Dubai Courts on the form, and in accordance with the procedures, prescribed by the Dubai Courts for this purpose. The application must be supported by the following documents:

1. a report confirming the birth incident, issued by the hospital where the birth took place; and

2. an express declaration by both parents that they are married and that they are the parents of the newborn.

b. The summary judge of the Dubai Courts will issue an order authorising the issuance of the birth certificate on the form prescribed by the Dubai Courts for this purpose.

Obligations of Concerned Entities

Article (3)

The concerned entities in the Emirate of Dubai must, each within its own jurisdiction, take the action required for the implementation of the order of Dubai Courts to issue the birth certificate in accordance with the provisions of this Resolution.

Repeals

Article (4)

Any provision in any other resolution will be repealed to the extent that it contradicts the provisions of this Resolution.

Commencement and Publication

Article (5)

This Resolution comes into force on the day on which it is issued, and will be published in the Official Gazette.

Maktoum bin Mohammed bin Rashid Al Maktoum

Deputy Ruler of Dubai

Chairman of the Judicial Council

Issued in Dubai on 19 December 2021

Corresponding to 15 Jumada al-Ula 1443 A.H.

[1]Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.