Legislation Details
- Full Title: Federal Decree by Law Regarding Children of Unknown Parentage
- Law Type: Federal Decree-Law
- Law Number: (24) of 2022
- Issued Date: 26 Sep 2022
- Effective Date: 02 Jan 2023
- Official Gazette: No. 736
- Sector: Family and Community
- Status: Active
- Number of Articles: 65
- Chapters/Parts: 0
- Amendments: 1
Summary
The Federal Decree-Law Regarding Children of Unknown Parentage regulates the care and custody of children found in the UAE whose parents are unknown. The law aims to provide these children with necessary support, ensure their healthy upbringing, and protect them from abuse and neglect. It establishes procedures for finding, receiving, and providing official documents for children of unknown parentage, as well as requirements for custodial families and the responsibilities of local authorities. The law also specifies penalties for non-compliance with its provisions. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 1-2)
This law is significant for businesses and individuals in the UAE as it sets clear guidelines for the care and integration of children without known parents into Emirati society. It ensures these vulnerable children receive necessary support and are placed in suitable custodial homes, while also establishing accountability measures for authorities and custodial families. Proper implementation of this law helps safeguard the rights and wellbeing of children of unknown parentage in the UAE. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 1-2)
What is the scope and purpose of this law?
The Federal Decree-Law Regarding Children of Unknown Parentage applies to any person born alive in the UAE territory whose parents are unknown, or who is born to a known Emirati mother and unknown father. The law aims to regulate the care and custody of these children, providing them with necessary support and ensuring their healthy upbringing and protection from abuse or neglect. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 1-2)
What are the key definitions under this law?
- State: The United Arab Emirates
- Ministry: The Ministry of Community Development
- Minister: The Minister of Community Development
- Public Prosecution: The federal or local Public Prosecution
- Authorities Concerned: The federal and local authorities responsible for implementing this law
- Local Authorities: Any local authority concerned with the affairs of children of unknown parentage
- ICP: The Federal Authority for Identity, Citizenship, Customs & Port Security
- Home: Any legally authorized facility to house and care for people of unknown parentage
- Health Facility: Any government facility providing health services
- Committee: The Custodial Families Committee
- Child: Any person under 18 years old
- Child of Unknown Parentage: A person found in the UAE territory whose parents are unknown, or born to a known Emirati mother and unknown father
- Adopted Child: A child of unknown parentage under the custody of a custodial family
- Custody: Caring for and providing for the upbringing of children of unknown parentage
- Custodial Family: The family entrusted with raising an adopted child
- Custody Period: The time a child of unknown parentage is in the care of a home, until they reach majority
- Competent Social Researcher: An employee studying and following up on the affairs of an adopted child
- Executive Regulations: Regulations issued to implement this law
(Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations on various parties:
- Whoever finds a child of unknown parentage must report it to the police station. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 3(1))
- The police station must transport the child to the nearest health facility and notify the public prosecution and ICP within 24 hours. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 3(2))
- The police station must file a detailed report on the circumstances of finding the child and send it to the public prosecution. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 3(3))
- The health facility must conduct a medical examination on the child and submit a report to the public prosecution. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 3(4))
- The public prosecution must conduct investigations and submit a statement on the child's attribution to the ministry or local authority within 6 months. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 3(5))
- The ministry or local authority must receive and shelter the child, issue official documents, secure custodial families, and provide various support services. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 6)
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements for individuals or entities. It focuses on the obligations and responsibilities of government authorities in receiving, documenting, and providing care for children of unknown parentage. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022)
What rights and protections does this law provide?
The law aims to provide the following rights and protections for children of unknown parentage:
- Necessary support in terms of health, psychological, social, educational and recreational aspects (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 2(1))
- Living conditions necessary for their normal growth and upbringing (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 2(2))
- Protection from abuse, inhumane treatment and neglect, and a sound social upbringing (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 2(3))
- Issuance of official documents like birth certificates and identity cards (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 5)
- Integration into sports, cultural, and educational activities (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 6(8))
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for implementing and enforcing this law include:
- The Ministry of Community Development (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 1, 6, 7)
- Local authorities concerned with the affairs of children of unknown parentage (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 1, 6, 7)
- The Federal Authority for Identity, Citizenship, Customs & Port Security (ICP) (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 1, 5)
- The public prosecution, which conducts investigations and submits statements on children of unknown parentage (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 3)
- The Custodial Families Committee, which examines custody applications and makes decisions (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 7)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance:
- Failure to report finding a child of unknown parentage to the police station: Penalty not specified (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 21)
- Preventing the competent social researcher from performing their duties: Penalty not specified (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 22)
- Handing over an adopted child without the approval of the ministry or local authority: Penalty not specified (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 23)
- Refusing to hand over an adopted child: Penalty not specified (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 24)
- If the act constitutes a crime punishable by a more severe penalty under another law, the more severe penalty shall apply (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 25)
How does this law interact with other UAE legislation?
This Federal Decree-Law Regarding Children of Unknown Parentage references and interacts with several other UAE federal laws, including:
- Federal Law No. 1 of 1972 Concerning the Competencies of Ministries and the Powers of Ministers
- Federal Law No. 17 of 1972 Concerning the Nationality and Passports
- Federal Law No. 5 of 1985 Promulgating the Civil Transactions Law
- Federal Law No. 35 of 1992 Promulgating the Criminal Procedure Code
- Federal Law No. 2 of 2001 Concerning the Social Security
- Federal Law No. 28 of 2005 Concerning Personal Status
- Federal Law No. 9 of 2006 Concerning the Population Register and Identity Card System
- Federal Law No. 1 of 2012 Concerning the Custody of Children of Unknown Parentage
- Federal Law No. 14 of 2014 Concerning Combating Communicable Diseases
- Federal Law No. 3 of 2016 Concerning the Child Rights Law "Wadeema"
- Federal Decree-Law No. 14 of 2021 Concerning the Establishment of the Federal Authority for Identity, Citizenship, Customs & Port Security (ICP)
- Federal Decree-Law No. 31 of 2021 Promulgating the Crimes and Penalties Law
- Federal Decree-Law No. 10 of 2022 Regulating the Registration of Births and Deaths
(Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Preamble)
When did this law come into effect?
The Federal Decree-Law Regarding Children of Unknown Parentage was issued on 26 September 2022 and came into effect on 2 January 2023, as stated in the law. (Federal Decree by Law Regarding Children of Unknown Parentage, 2022, Art. 29)
Source Documents
This article analyses Federal Decree by Law Regarding Children of Unknown Parentage for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.