Introduction

Adoption in the UAE (United Arab Emirates) for expats is a complex issue due to the country’s legal framework and cultural considerations. The UAE follows Sharia law, which does not recognize traditional adoption as practiced in many Western countries. Instead, it recognizes a system called “Kafala,” which is a form of guardianship.

The purpose of this publication is to differentiate the options for expats including adoption within the UAE and lays out the laws that govern child adoption in the UAE and key concepts on the topic.

Laws Governing Adoption in the UAE

Federal Law No. 3 of 2016 Concerning Child Rights, known as Wadeema’s Law, states that children deprived of their natural families have the right to alternative care through a foster family or, if unavailable, a public or private social welfare institution.

Federal Decree Law No. 24 of 2022 on Persons of Unknown Parentage outlines the provisions for caring for children of unknown parentage in the UAE. This includes establishing child care homes and identifying eligible foster families capable of providing health, entertainment, psychological, social, and educational care. This law applies to Muslims strictly.

The Ministry of Community Development (MoCD) oversees these child care homes and ensures the placement of children with appropriate foster families.

Muslims and Kafala System

The laws of the UAE allow a system of guardianship as opposed to a pure adoption under the Kafala System. Under Kafala, an individual or family can take care of an orphaned child, providing for their needs and raising them as part of their family. However, the child does not take the guardian’s family name and is not considered a legal heir.

Under the Kafala system, a foster couple or family must:

  • be Muslim, Emirati and be residing in the UAE
  • The foster family or single mother must provide financial support for the adoptive child and other family members.
  • Foster parents must be capable of ensuring the child’s well-being, proper upbringing, and healthcare.
  • Foster parents or single mothers must be free of infectious diseases and behavioral or psychiatric disorders.
  • Families must present proof of good conduct, such as a police clearance certificate, during the home study.
  • Single mothers wishing to adopt must be both knowledgeable about the adoption process and willing to undergo it.
  • Single mothers must be at least 30 years older than the child.
  • Foster couples must be at least 25 years old.

Adoption by Expats

Adoption for Non-Muslim Expats in the UAE

Non-Muslim expatriates can adopt children through international adoptions recognized by their home countries. These adoptions must adhere to the legal frameworks of both the adopting parent’s and the child’s nations. Upon entering the UAE, adopted children receive the same rights and protections as biological children, as UAE law treats adopted and biological children equally.

Aspects to Consider when Adopting a Child and Living in the UAE

Legal assistance is regularly of help to navigate through the 3 countries requirements: the country of origin of the child, the adopting parents’ home countries’ regulations and the UAE laws and regulations.

When an adoption takes place, generally adopting parents will need assistance at the country of origin of the child until a court order is issued granting the adoption, legalising such document for use in their home country and the UAE; requesting the nationality for the adopted child and then residency in the UAE, having the ultimate goal of registering the child in the UAE safely (at the time of visa application) maintaining the lifestyle of the family up and through the adoption.

Conclusion on Adoption in the UAE

Adoption in the UAE is governed by a blend of local laws and international regulations, reflecting the country’s cultural and legal framework. While traditional adoption is not recognized, the Kafala system offers an alternative form of guardianship, ensuring the well-being of orphaned children. Expatriates must navigate complex legal landscapes, adhering to both their home countries’ and the UAE’s requirements. Despite these challenges, the UAE provides a supportive environment for foster families and adopted children, ensuring they receive equal rights and protections. Prospective adoptive parents should seek thorough legal advice to ensure a smooth and compliant adoption process.

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We hope this post will help you understand the concept of adoption in the UAE and remain available for any questions regarding this post of general application.

For more information published in English you can visit all our publications at this link as well as the videos in English of our Managing Partner Maria Rubert.

*The information on this page is not intended to be legal advice. This article is intended to provide an initial introduction to the concept of adoption in the UAE.