The new criminal law came into force on January 2, 2022.
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Q1. My girlfriend and I will move to Dubai as soon as a good job is offered. She is now 3 months pregnant. What happens to our baby’s condition if we remain unmarried? Can I sponsor a baby and mother visa? Can the baby take my name? Will my girlfriend and newborn be covered by the insurance that the company provides to my spouse and children?
Answer: According to your question, you are planning to move to Dubai with a girlfriend who is already pregnant, so the provisions of UAE Decree No. 31 of 2021 on the Criminal Code (“New Criminal Code”) And the provisions of Law No. 11 of 2013 on Health Insurance in the Emirates of Dubai (“Dubai Health Insurance Act”) shall apply.
It should be noted that the new Penal Code came into force on January 2, 2022.
Article 410 of the New Penal Code contains detailed provisions regarding cohabitation by unmarried couples and the care of their children by such couples. The provisions are roughly translated as follows:
“Anyone who has sexual intercourse with a woman who gave birth to a child after the age of 18 will be sentenced to two years or more in prison. The woman will be punished with the same penalties.
“In either case, if a man marries a woman or admits that one or both are fathers of a newborn, no criminal procedure will be filed and either ID and travel documents are national law. , The law of the country that also considers the applicable law (UAE) of that country, and the result of this marriage or approval, or the issuance of identification and travel documents for children, is a criminal case or, in some cases, penalties. Suspension of execution. “
Under the provisions of the law mentioned above, you and your girlfriend can travel to the UAE and if she is 18 years of age or older you can continue to live together.
If she gives birth to a child in the United Arab Emirates, she shall comply with the following provisions:
a) You may marry your girlfriend.also
b) You and / or your girlfriend must approve your child alone or jointly and submit identification and travel documents in accordance with applicable national law.
If the United Arab Emirates municipality acknowledges and confirms that you are the father of your newborn, you may include your name in your newborn’s name.
It is the employer’s responsibility to provide health insurance to Dubai employees. It complies with Article 10 of the Dubai Health Insurance Act.
However, future employers may not be obliged to provide health insurance to their families or dependents. It is the individual’s responsibility to take out family and dependent health insurance. It complies with Article 11 of the Dubai Health Insurance Act and states:
1. If not covered by the employer, cover the person sponsored by it.
2. Instead of having the beneficiaries bear such costs, they will bear the costs of such health insurance.
3. Make sure that the health insurance of the person sponsored by it is valid for the duration of their residence or visit.
4. In accordance with the provisions of this law, if any person does not have health insurance, he / she will be responsible for any emergency medical services and intervention costs of any of the persons sponsored by it.
5. Give your health insurance card to the sponsor.
6. Provide a health insurance policy upon issuance of residence or visit, or renewal of a person sponsored by it.
7. Other obligations designated by the authorities in accordance with the resolution issued thereby in such concerns.
Read again:
Your child from your girlfriend may be eligible if your future employer provides health insurance to the employee’s spouse and child. However, she is not your spouse, so your future employer may not provide health insurance to your girlfriend.
For more information, you can contact the Directorate General of Foreign Residents in Dubai.
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practice the law in Dubai, England and India. For more information about his company, please visit www.amalawyers.com. Readers can email their questions to news@khaleejtimes.com or to Legal View, Khaleej Times, PO Box 11243, Dubai.
