DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
A naturalized citizen does not have the same rights as a natural-born citizen. For example,
a person who has acquired nationality by naturalization, “shall not have the right of voting,
or being a candidate or to be appointed in any parliamentary or public body or any
ministerial position.”175
Under Article 2(E) of the Nationality Law, foundlings are deemed citizens unless proved to
be otherwise. Federal Law No. 1 of 2012 deals with foundlings in the UAE, and provides for
the following procedure:
1.
Whoever finds a child of unknown parentage shall reach the nearest police station or
hand him/her over immediately, with the clothes he/she is wearing and all other things
found with or near him/her.
2. The police officer shall take the child and send him/her to the nearest health centre
to conduct the necessary medical examinations, notify the Public Prosecution of the
same, and file a report of the circumstances and conditions in which (s)he was found…,
and the name, profession and address of the person who found him/her.
3.
The health centre shall conduct medical examinations on the child and take necessary
actions to preserve his/her health and safety, while the specialized physician estimates
his/her age.
4.
The Public Prosecution shall refer the child to the Home176 in coordination with the
Ministry and the Ministry of Interior.
5. The Home shall choose a full name for the child and in all cases, it shall not refer,
in any way, to the fact that the child is of unknown parentage, whether in the birth
certificate or any other identification papers.
6. The Home shall take necessary actions to register the child in the official papers
according to the laws and regulations in force at the State in coordination with the
Ministry of Interior.
Under Article 17 of the Foundling law, if the sonship177 of the child of unknown parentage
was proved pursuant to a final judgment, (s)he shall be re-registered in the name of his/her
175
Federal Law No (17) for 1972, Concerning Nationality, Passports and Amendments thereof, Article 13.
According to the Definitions provided in Article 1 of Federal Law No. 1 of 2012 “Concerning the Custody of Children of Unknown
Parentage,” “Home” refers to the “Home for the care of children of unknown parentage.” The law in Article 2, aims to establish
and develop “state homes and foster families to provide health, psychological, social, entertainment and educational care for
them.”
176
The English translation of the law refers to ‘sonship’, which implies the relationship of the child to the father is what is relevant.
However, this term is not defined in the law, so it may be interpreted to include the biological relationship with the mother as
well. It does not say anything about the mother, but perhaps in such circumstances, the child will not be considered a ‘foundling’.
Based on our interviews with the Social Welfare Attaché of UAE, it appears that proof of the biological relationship of the mother
may be sufficient to avoid categorization as a foundling.
177
56
UNHCR / April 2021