Dubai is a place where laws and healthcare services concerning pregnancy and childbirth are designed to protect the welfare of women and their children. Pregnant women need to understand the legal framework concerning pregnancy and childbirth in Dubai, United Arab Emirates. This article will examine the rights of pregnant women, relevant laws, and regulations governing this crucial phase of life.
Rights of Pregnant Women in the UAE
The UAE has put in place various legislation and regulations to safeguard the rights of expectant mothers and enhance their welfare throughout gestation and delivery. The following are some of the fundamental rights:
1. Non-Discrimination and Equal Treatment
UAE law prohibits discrimination on grounds of pregnancy in the workplace. Termination or refusal to recruit a woman solely on account of her being pregnant is not allowed for an employer. Pregnant employees should be treated similarly while any reasonable accommodations must be granted to them by their employers regarding their health safety.
2. Maternity Leave:
Under the UAE Labor Law, female employees working in the private sector will have a 60 days maternity leave period with 45 days at full salary followed by 15 days at half salary. In case a female employee has exhausted her maternity leave she can take additional 45 days off either consecutively or intermittently without pay due to pregnancy or delivery-related illnesses.
3. Healthcare Access
All UAE residents, including expatriates, have access to healthcare services that are both low-cost and of high quality. Prenatal care, delivery services, and postnatal support are available both in government-run and in private health facilities.
4. Safe Working Conditions
According to UAE law, employers should ensure that pregnant workers remain under safe working conditions that do not endanger their health or that of their unborn children. This may involve altering job duties, work schedules or the physical environment.
Laws and Regulations Relating to Pregnancy and Childbirth in the UAE
1. Medical assistance for reproduction
The UAE’s Federal Law No. 7 of 2019 Concerning Medically Assisted Reproduction ensures that only licensed medical centers are permitted to perform Medically Assisted Reproduction Techniques. It also stipulates that these procedures should be done only after medical necessity and with the agreement of both parents.
Generally, it is important for pregnant women to create a maternity file in any hospital before their seventh month is over. The essential papers normally include both parents’ passports, marriage certificate, residence visas, Emirates ID, as well as for UAE citizens – family book.
2. Marital Status
Recent changes in UAE legislation have resulted in decriminalization of consensual relationships outside marriage. The law states that “Any couple conceiving a child out of wedlock will be required to marry or singly or jointly acknowledge the child and provide identification papers and travel documents in accordance with the laws of the country of which either is a national, considering the applicable laws of that nation. Failing this, a criminal case would introduce a prison term of two years for both correspondents”.
3. Birth Registration
All newborns in Dubai are expected to be recorded within 30 days of their birth. Failure to register the birth with the competent authority may lead to monetary sanctions or legal complications. The registration procedure necessitates the availability of several documents including marriage certificate, copies of passport, and hospital birth notification.
4. Paternity and Child Support
In UAE, children have an entitlement of receiving financial support from their fathers. In situations where paternity is contested, courts may order for DNA testing. Once paternity has been established, fathers are legally required to pay child maintenance until their child becomes an adult.
5. Abortion Laws
In most cases abortion is against the law throughout the United Arab Emirates except when it puts the mother’s life at risk or when there are fetal abnormalities incompatible with life that exist in her womb. Legal abortions require strict regulations and legal procedures that must be followed.
6. Surrogacy Laws
Now, the UAE Government has lifted the ban on surrogacy. For non- Muslims, the unmarried couple is eligible to apply for IVF treatment. The child will bear the nationality of either one of their home countries. Allowing for Muslim couples to undergo IVF treatment, the Ministry of Health permission must first be given, and couples are required to show marriage proof.
How Our Family Lawyers Can Assist with Pregnancy and Childbirth in Dubai
Due to the difficult legal situation surrounding pregnancy and childbirth in Dubai, expectant mothers are advised to hire a marriage lawyer. Below are some of the ways that a family lawyer at Dubai Court Marriage may assist:
• Registration of Marriage: If you do not have a marriage certificate, your attorney will advise you on how to process your marriage registration in Dubai and ensure that all documents required for this purpose, as well as those essential for pregnancy and delivery are available, so as to avoid problems associated with formalities.
• Child Birth Registration and Paternity: A lawyer will help during birth registration by ensuring all necessary documentations are completed within a given time frame. In case of paternity disputes, your advocate can be there to protect your interests even before things get out of hand legally.
• Surrogacy and Assisted Reproductive Technology (ART): For couples considering surrogacy or other assisted reproductive technologies, a lawyer can provide valuable legal advice and guidance on the relevant laws and regulations so as to comply with UAE laws.
• Legal Representation: This includes protection of yours and child’s rights if any legal disputes arise from maternity or labor complications through seeking legal representation from an attorney.
Reach out to us now if you would like us to help you during this special occasion in your life.