Best Adoption Lawyers in Sharjah

About Adoption Law in Sharjah, United Arab Emirates

Adoption in Sharjah, United Arab Emirates is governed by the Islamic Sharia law which does not traditionally permit full adoption. Instead, the concept of "Kafala" is practiced, which is a foster care system. Under Kafala, a child is placed with a 'guardian' until they achieve adulthood, but the child retains the right to their biological family name and inheritance rights. For foreigners seeking to legally adopt in Sharjah, they must adhere to this principle together with the adoption laws that apply in their home country.

Why You May Need a Lawyer

Understanding and navigating through the complex Sharia law regarding Kafala can be challenging for those who are unfamiliar. A lawyer can help provide legal advice and guide you through the adoption proceedings, explaining the rules and regulations for both local and expatriate residents. A lawyer with a good understanding of local customs and international laws can be crucial in helping you build a lawful and successful familial relationship.

Local Laws Overview

While the concept of adoption as we know it in Western countries doesn't exist in UAE law, they have a system known as Kafala, which is regarded as a form of child care. Kafala is governed by Federal Law No. 25 of 1995 Concerning Protection of Minors. In practice, Kafala works as a form of permanent fostering, wherein the 'adoptive' parents act as the legal guardians of the child until the age of 18. The child retains their family name and does not automatically inherit from their guardian. To adopt a child from Sharjah, you also need to follow the adoption laws that apply in your home country.

Frequently Asked Questions

Can foreigners adopt from Sharjah, United Arab Emirates?

Yes, foreigners can adopt, but they are subject to Kafala system wherein they become legal guardians of the child. They also must adhere to the adoption laws that apply in their home country.

Does a child under the Kafala system have inheritance rights?

No, a child under Kafala does not automatically have inheritance rights from their guardian. They maintain their biological family name and inheritance rights.

Until what age does Kafala remain valid?

Kafala remains valid until the child reaches the age of 18. Legal guardianship ends when the minor reaches maturity.

Can the birth parents claim their rights on the child in the Kafala system?

Yes, the birth parents retain their rights on the child, and can claim their child back if they can prove that they are capable of providing proper care and protection.

Do I need to follow the laws of my home country as well?

Yes, you must follow issues related to inter-country adoption and the laws applicable in your home country.

Additional Resources

The Ministry of Community Development supervises the Kafala system and the welfare of the child. Local charity organizations such as the Sharjah Social Services Department and the Sharjah Charitable Society can also provide valuable support and guidance.

Next Steps

If you are seriously considering the adoption journey in Sharjah, first, seek comprehensive legal advice. Contact legal professionals who are well versed with Sharia law and adoption processes in UAE. This can involve acquiring legal services in your home country and in the UAE. The legal expert will guide you through the application process for Kafala and the legal proceedings that follow thereafter. The process can be lengthy and complex, and it is crucial to be legally covered to avoid complications.