In Ras Al Khaimah, the Court of First Instance, Personal Status Department established the genealogy of an eight-year-old girl to her Emirati father. She was born in a European country to her plaintiff mother who holds the passport of that country. After the divorce of the parties and the lack of communication from the citizen husband, the mother was obliged to raise the child alone. The ruling issued by the court obliged the defendant to obtain identification papers for the young girl, including her birth certificate and passport, and register and include her in the family book. The plaintiff’s attorney, Youssef Al-Nuaimi filed the lawsuit and asserted that his client had provided proof of the child’s lineage to the defendant with various documents including photocopies of the marriage contract and the child’s birth certificate. The mother registered the child in the European country as a resident during her pregnancy while the father was unaware of the birth and did not have any means of communicating with the mother at the time. The defendant acknowledged that the child was his daughter and requested proof of her lineage through the court.
Ras Al Khaimah: Adnan Okasha
The Ras Al Khaimah Court of First Instance, the Personal Status Department, established the lineage of an eight-year-old girl to her Emirati father, following she was born in a hospital in a European country, from her plaintiff mother in the case who holds the passport of that country, and following the divorce of the two parties to the litigation and the lack of knowledge of the citizen husband, the plaintiff He had to carry his wife at the time.
The ruling, issued yesterday, Thursday, obligated the defendant to extract the identification papers of the little girl, represented in the birth certificate and passport, and to include them in the family book.
Attorney Youssef Al-Nuaimi, the representative of the plaintiff, indicated that his client filed the lawsuit, demanding proof of the lineage of the young woman to the defendant, obliging him to register and include her in the family book, and to obtain an Emirati birth certificate and passport for her, on the basis of the statement that the defendant married her and left her while she was pregnant in her early days. He divorced her, and she gave birth to her daughter from him on the matrimonial bed, and she submitted photocopies of the marriage contract, the child’s birth certificate, her identity in the European country, her residence in the Emirates, and other identification papers.
The mother of the child said before the case management office in the court that she registered the little girl in the records of the European country, in light of her residence there, while she did not infer the location of her father at the time, and she chose for the little girl her name, and put in the father field the name of her Emirati father, while she put her family title (mother). ), as is the practice in the European country, where the newborn bears part of his father’s name and part of his mother’s name (as desired), confirming that the child is her daughter and descendant of the defendant, while the father was unable to prove her lineage to him at her birth, because he was not aware of the birth And not knowing his whereregardings or any way to communicate with him, so that she would later move to the Emirates in search of him. For his part, the defendant acknowledged that the child is his daughter from the plaintiff and from his progeny and is affiliated with him, and that her mother gave birth to her in a hospital in the capital of the European country, and he was unable to prove her lineage to him at birth. Because he divorced the plaintiff and did not communicate with her once more, and did not know that she was pregnant, and upon learning that he had a daughter from her, he asked to prove her lineage to him, and requested referral to the competent court.
This ruling by the Ras Al Khaimah Court of First Instance in establishing the lineage of an eight-year-old girl to her Emirati father is a significant step towards ensuring the rights of children born to the citizens of the UAE in foreign countries. The case, which witnessed the plaintiff fighting for her daughter’s lineage, highlights the necessity for fathers to take responsibility for their children and to be aware of their existence. Such cases also encourage women to fight for their rights and ensure that their children’s rights are protected. This ruling reinforces the need for accurate record-keeping and emphasizes the importance of a child’s right to know their father’s identity. We hope that this case sets an example for others in similar situations, and we commend the efforts of the plaintiff and her legal representative in fighting for justice for the little girl.
