DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
proven parent according to the laws in force in the State. Otherwise, under Article 21, no
person shall have the right to do any act regarding the custody of the children of unknown
parentage, without observing the rules and procedures set forth in this Law.
B.5.c. Children of Philippine Descent
According to the Social Welfare Attaché of the UAE, undocumented children cannot be
repatriated to the Philippines unless UAE authorities are satisfied that they are proven to
be Philippine citizens. From 15 March to 31 2020, the office has served 250 undocumented
children. It is also working on locating the parents of 15 to 20 abandoned children. This
suggests that the numbers are very substantial. The vast majority of undocumented children
of Philippine descent are the children of Filipino mothers and expat fathers. It was noted that
because these children are undocumented, they cannot access healthcare or education.
With regard to birth registration, it was shared that the UAE does not recognize the
Philippines’ ROB and that they will only recognize a birth certificate issued by the Ministry of
Health. Most of the mothers who have had children born outside of the hospital are not able
to satisfy the criteria for registration in the UAE (a marriage contract, passport of the father,
etc.).178 In some circumstances, the mother be required to report to the police first, at which
point they will be put in prison. While in prison, their DNA will be taken to establish their
parental relationship.179 Once they have served their sentence,180 repatriation/deportation
will be processed. This provides a strong disincentive to come forward.
With regard to abandoned children, the Embassy tries to locate the child’s mother in order to
secure a DNA sample so that they can prove Filipino descent. Without such proof, the children
cannot be repatriated, and it was shared by the Social Welfare Attaché that, “If we cannot
locate their parents, we seem to be helpless.”181 It was shared that there are approximately 10
children in such circumstances at present that the office is aware of, for whom the office has
tried to locate their parents, but has no link. Where the mother is located, a parental capability
assessment is conducted to determine if she is willing and able to take back her child. The
See for example: Janine Mackenzie, “All the paperwork you need to have a baby in the UAE,” 21 March 2017 https://babyandchild.
ae/uae-birth-guide/paperwork-and-practicalities/article/861/all-the-paperwork-you-need-to-have-a-baby-in-the-uae.
178
The DNA Dignostics Center (DDC) operating in the United Arab Emirates provides DNA testing both for legal situations, such
as child paternity disputes and immigration matters, to prove a biological relationship for an immigration case. See: https://
dnacenter.com/uae/.
179
According to Article 31 of Federal Law No (6) for 1973 Concerning Immigration and Residence, “If an alien enters the country
or stays in the country by breaching the provisions of this law, or refuses to obey an order issued to him for deportation, he
shall be punished by imprisonment for a period not exceeding four months and by a fine not exceeding Two Thousand Dirham
or with either of the two punishments.”
180
Based on initial consultations with Social Welfare Attachés and the Department of Social Welfare and Development, 17
June 2020.
181
UNHCR / April 2021
57