Dubai: What will be the rights of our baby born out of wedlock?

A New Penal Regulation got here into impact from January 2, 2022.

Q1. My girlfriend and I are planning to relocate to Dubai quickly as I’ve been provided a great job. She is now three months pregnant. If we stay single, what would be the standing of our child? Can I sponsor the visa of child and mom? Can the infant take my surname? Will my girlfriend and new child be eligible for insurance coverage cowl provided by the corporate to partner and youngster?

Response: Pursuant to your queries, as you might be planning to relocate to Dubai alongside together with your girlfriend who’s already pregnant, the provisions of UAE Decree Regulation No (31) of 2021 regarding the Penal Code (the ‘New Penal Regulation’) and the provisions of Regulation No. 11 of 2013 Regarding Well being Insurance coverage within the Emirate of Dubai (the ‘Dubai Well being Insurance coverage Regulation’) shall be relevant.

It needs to be famous that the New Penal Regulation got here into impact from January 2, 2022.

Article 410 of the New Penal Regulation accommodates detailed provisions in respect of cohabitation by single {couples} and bearing of youngsters by such {couples}. The provisions thereof are roughly translated as follows:

“Anybody who has sexual activity with a feminine who has accomplished 18 years of age and has given delivery to a baby, shall be punished with imprisonment for a interval of not lower than two years. The feminine shall be punished with the identical penalty.

“In all instances, a legal case will not be filed towards them if a person marries a girl, or one or each acknowledges the paternity of the new-born youngster, and the identification papers and journey paperwork have been extracted for the kid based on the legal guidelines of the nation of which both is a nationwide, and in addition contemplating the relevant legal guidelines of the nation (UAE), and the consequence of this marriage or acknowledgment or the issuance of identification papers and journey paperwork for the kid shall not give rise to a legal case, or suspension of the execution of the penalty, because the case could also be.”

Based mostly on the aforementioned provision of regulation, you and your girlfriend could journey to the UAE and it’s possible you’ll proceed to cohabit, offered she is above 18 years of age.

Within the occasion, she delivers a baby within the UAE, the next provisions shall be complied with:

a) It’s possible you’ll marry your girlfriend; or

b) You and/or your girlfriend should singly or collectively acknowledge the kid and supply identification papers and journey paperwork in accordance with the relevant legal guidelines of your respective nation.

Within the occasion the native authorities within the UAE acknowledge and make sure that you’re father of your new child youngster, then it’s possible you’ll embrace your surname to your new child youngster’s title.

It’s the accountability of the employer to supply medical insurance coverage to its workers in Dubai. That is in accordance with Article 10 of the Dubai Well being Insurance coverage Regulation.

Nonetheless, your potential employer might not be obligated to supply a medical insurance coverage for your loved ones or dependents. It’s the accountability of the person to acquire a medical insurance coverage for his household and dependents. That is in accordance with Article 11 of the Dubai Well being Insurance coverage Regulation, which states, “The sponsor shall be obliged of the next:

1. Cowl the individuals sponsored thereby in the event that they haven’t been coated by the employer thereof.

2. Bear the price of such medical insurance protection reasonably than making the beneficiaries bear such prices.

3. Confirm that the medical insurance of the individuals sponsored thereby is legitimate for the size of their residence or visiting interval.

4. Bear the well being providers and medical intervention prices in emergencies for any of the individuals sponsored thereby if any of them has no medical insurance in accordance with the provisions of this Regulation.

5. Give the individuals sponsored thereby the medical insurance card.

6. Present the medical insurance coverage upon the residence or visiting issuance or renewal of the individuals sponsored thereby.

7. Another obligations specified by the Authority pursuant to the resolutions issued thereby in such concern.”

In case your potential employer is providing medical insurance to the partner and youngsters of its workers, then your youngster out of your girlfriend could also be eligible. However your potential employer could not provide medical insurance to your girlfriend as she will not be your partner.

It’s possible you’ll contact the Basic Directorate of Residency and Foreigners Affairs, Dubai for additional clarifications.

Ashish Mehta is the founder and Managing Accomplice of Ashish Mehta & Associates. He’s certified to practise regulation in Dubai, the UK and India. Full particulars of his agency on: www.amalawyers.com. Readers could e-mail their inquiries to: [email protected] or ship them to Authorized View, Khaleej Instances, PO Field 11243, Dubai.