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Free Guide to Hiring a Family Lawyer
In the United Arab Emirates, including Dubai, adoption, in the sense that Western cultures understand it, is not legally recognized. Instead, they follow a system known as Kafala (sponsorship), derived from Islamic law. Kafala is a provision to provide for the care, education, and protection of children who are separated from their biological parents. These children retain their own family name and aren't considered the natural children of the foster family or "kafeel". Unlike adoption, the kafala process doesn't create a parent-child relationship, and the child doesn’t automatically have inheritance rights.
The legal process of Kafala is complex and involves various departments including the local courts, Ministry of Social Affairs, and Ministry of Interior. It is crucial to fully comprehend these procedures to avoid any legal complications. A knowledgeable lawyer can guide through the complex paperwork, legal requirements and procedures. They can help protect your rights and the child’s interests throughout the process. Legal professionals can also assist in cases where international laws apply, especially for expatriates living in Dubai.
Kafala, under UAE law, requires the kafeel to be a UAE national, married, and at least 25 years older than the child. For non-Muslim expatriates wishing to foster a child, they fall under their home country's jurisdiction. The UAE law does not allow the child to take the kafeel’s family name or inherit property from the kafeel. Further, both parents should be of sound mind, physically able to take care the child and must not have been convicted of a serious crime. A report from a social worker is also needed to confirm the suitability of the home environment.
Adoption is not legally recognized in Dubai or anywhere else in the UAE. Instead, the concept of Kafala is followed which means you can sponsor a child and take care of them but you cannot adopt them in the traditional sense.
Expatriates can participate in Kafala, but they fall under their home country's jurisdiction and the process is governed by their national law and international law.
No, according to the UAE law, a sponsored child cannot inherit property or wealth from his/her kafeel.
No, a child under Kafala retains their original family name and doesn't take the kafeel’s family name.
Typically, Kafala regulations require the individuals to be married. However, one should consult a legal expert for further details.
For guidance and support throughout the Kafala process, the UAE Ministry of Community Development and many child welfare organizations in Dubai can be helpful. Their social services department and authorized staff handle cases of child guardianship and provide relevant information and support. Regional Embassies can also be contacted for expatriates seeking guidance on their home country's laws.
If you're considering becoming a kafeel for a child in Dubai, it’s crucial to understand all the legal implications. Contact a reputable lawyer familiar with Kafala and international laws. They can provide you essential legal advice and help navigate the complex legal processes related to Kafala in Dubai.
