Federal Decree-Law No. 10 of 2022 regulating the registration of births and deaths.

We, Mohamed bin Zayed Al Nahyan,                                           President of the United Arab  Emirates

And Federal Law No. (1) of 1972 regarding the competencies of ministries and the powers of ministers. and its modifications.

And Federal Law No. (17) of 1972 regarding nationality and passports. and its modifications.

And Federal Law No. (5) of 1985 promulgating the Civil Transactions Law of the United Arab Emirates. and its modifications.

And Federal Law No. (35) of 1992 issuing the Partial Procedures Law. and its modifications.

And Federal Law No. (1) of 1992 promulgating the Civil Procedures Law. and its modifications          .

And Federal Law No. (28) of 2005 regarding personal status. and its modifications.

And Federal Law No. (11) of 2008 regulating the Ministry of Foreign Affairs and International Cooperation. and its modifications.

And Federal Law No. (18) of 2009 regulating the registration of births and deaths.

And Federal Law No. (1) of 2012 regarding the care of children of unknown parentage.

Federal Law No. (3) of 2016 on the Rights of the Child “Wadeema” Law. and its modifications.

And Federal Law No. (4) of 2016 regarding medical liability.

And Federal Law No. (2) of 2019 regarding the use of information technology in the fields of health communications.

And Federal Law No. (13) of 2020 regarding the public

And Federal Law No. (10) of 2021 regulating cemeteries and burial procedures.

And Federal Decree-Law No. (31) of 2021 issuing the Crimes and Penalties Law.

And based on what was presented by the Minister of Health and Community Protection. and Cabinet approval.

We issued the following decree-law:-

Article (1)

Tariffs

In applying the provisions of this Decree-Law. The following words and phrases have the civil meanings associated with each of them. Unless the context requires otherwise:-

Country: United Arab Emirates.

The Ministry: The Ministry of Health and Community Protection.

Minister: The Minister of Health and Community Protection.

Citizen: Whenever he enjoys the citizenship of the state and in accordance with the laws in force in the state.

Health authority: the federal or local government health authority. Depending on the circumstances. that suffers in the organization of health affairs.            

Concerned Department: The organizational unit concerned with registering births and deaths and issuing birth and death certificates in the health authority or in any other authority specified by a decision of the Council of Ministers.

The Committee: The Births and Deaths Committee in each health authority established under the provision of Article (20) of this Decree-Law.

The health facility: Every place is prepared. It is licensed to conduct a medical examination on patients, provide medical advice to them, assist in diagnosing their diseases, treatment, exposure, residence for the purpose of treatment, or perform any work related to prevention, treatment or rehabilitation. Whether it is owned or managed by a natural or legal person.

Competent Court: The court within whose jurisdiction the incident of birth or death occurred. Or the court within whose jurisdiction there is the headquarters of the health authority that undertakes the procedures related to birth or death. Or the legally competent court in other cases in accordance with the legislation in force in this regard

Compound Noun: A compound noun consisting of two words, one of which cannot be used alone as a noun for a person

A live newborn: A newborn who shows any symptoms of life after being excreted or taken out of the mother, regardless of the duration of the pregnancy.

Dead Newborn: A newborn who does not show signs of life when he is born or taken out of the mother. Provided that the gestation period shall not be less than (180) one hundred and eighty days.

Death: The complete separation of life with certainty and reliability. This is either a complete and irreversible cessation of circulatory and respiratory functions. Or a complete and irreversible cessation of the entire brain function. With whom the doctors decide that this arrest is irreversible. This is in accordance with the precise medical criteria for which a decision is issued by the Minister or a death sentence is issued, and for which a final court ruling is issued considering the absent or missing person as dead. The day the judgment is issued for the death of the absent or missing person shall be considered the date of his death.

Double noun: a noun consisting of two words, one of them on its own, or both as a name for a person.

Records: The unified national registry at the state level and the registry established in the local health authority in accordance with the provisions of this Decree-Law.

Article (2)

Scope of application

The provisions of this Decree-Law apply to the following:

1-Cases of birth and death within the country.

 2-Births and deaths that occur outside the country for citizens. Those who are designated by a decision of the Minister.

Article (3)

Birth and death records

1-The Ministry shall establish a unified national registry for registering births and another for registering deaths at the state level. Each health authority shall also establish two other records within the limits of its jurisdiction, one for the registration of births and the other for the registration of deaths. The executive regulations of this Decree-Law specify the following:

  1. Record data
  2. The supporting documents and the conditions and controls that must be available for registration in the records.
  3. Procedures, methods and duration of record keeping.
  4. Proof of data exchange between the ministry and other health authorities.
  5. Methods and procedures for electronic linkage between health authority records and the unified national registry.

2-The health authorities may add whatever other data they deem appropriate to the records in force with them.

3-The Ministry and other health authorities shall coordinate with the concerned authorities in the country regarding data and statistics related to births and deaths. 

 

Article (4)

Birth notification

The health facility in which the birth event occurs must inform the concerned department of that (72) seventy-two hours from the time of the birth. This applies to cases of childbirth that take place outside the health facility, if it takes place under medical supervision from the health facility.

Article (5)

1-If the birth occurred outside the health facility without medical supervision. The aforementioned persons, according to the order indicated in this item, must inform the nearest health facility of this to prove the fact of birth and issue a birth notification within a period of (30) thirty days from the date of birth.

a- The father of the child, if he is present, or his mother.

b- The person in charge of family affairs in the event of the father’s absence or his death before birth.

c- Adult relatives up to the fourth degree of adult relatives who attended the birth.

d- Any other person who attended the birth or was assigned by one of the newborn’s parents.

2-The health facility shall inspect the mother and the newborn and inform the concerned department within (72) seventy-two hours from the date of issuing the birth notification.

3-If the health facility is notified after the expiry of the period referred to in Clause (1) of this Article. The health facility must prepare a health report on the case. The person concerned must submit a request to the health authority that will refer him to the committee to take the appropriate decision.

Article (6)

Birth notification

1-A birth notification is considered proof of birth and is not considered a document to prove paternity.

2-Information related to the circumstances and circumstances of the pregnancy incident is considered a medical secret that the health profession is prohibited from disclosing unless he is requested to do so in accordance with the legislation in force in this regard. The health facility shall ensure the confidentiality of the information and data included in the records.

3-The health facility issues a birth notification on the condition that an identity card or passport of the mother and father, if any, be presented. And the identity or passport of the informant in the event of a birth outside the health facility. And that without the need for any other documents.

4-The birth notification must include the following data:-

A- The date of birth, the Hijri and Gregorian date, indicated in numbers and letters, and its time and place.

b- The gender of the newborn.

c- The name of the newborn, if specified. The name of the newborn may be compound or double, provided that it complies with the provisions of public order and public morals.

d- The full name of the father and mother, their date of birth, nationality, religion or belief. As well as the identity number or passport of a non-resident in the country. Each of them is found.

C- The name of the health facility in which the birth took place and the name of the birth attendant if the birth took place in a health facility.

H- Any other data specified by the Executive Regulations of this Decree-Law

Issuance of a birth certificate for a newborn inside the country

Article (7)

1-If the birth occurred inside the country. Any of the newborn’s parents or those who have legal authority over him must submit an application to obtain the birth certificate to the concerned department within (30) thirty days from the date of birth. To issue a birth certificate, the following documents must be attached:-

A- Birth notification.

b- A marriage document or document, or a decision by the parents regarding the lineage of the newborn to them, certified by the embassy of the country to which they belong or by a notary public.

c- The mother’s identity card or passport. And the father, if any.

2-The employee assigned to enter the birth notification data and documents and issue the birth certificate in the concerned department must be careful in entering these data. And to verify that the birth certificate matches the birth notification.

Article (8)

 1-The concerned department issues a birth certificate for every live newborn in Arabic. Another copy in the English language may be issued upon the request of the concerned parties. The birth certificate shall be delivered to one of the parents of the newborn or their legal representative if any of their relatives up to the fourth degree.

2-The executive regulations for this Decree-Law shall prepare the procedures for registration in the Birth Register and the controls for obtaining birth certificate data. And the procedures for obtaining an official extract from the birth records.

Article (9)

In the event of submitting an application to obtain a birth certificate after the date specified for that in accordance with the provisions of this Decree-Law. The concerned department must accept the request and refer it to the committee for deliberation in accordance with the rules and criteria specified in the decision to form the committee. 

Article (10)

Issuance of a birth certificate for a citizen outside the country

1- the birth of a citizen occurs outside the country. Either of his parents must inform the diplomatic mission of the country of the birth by virtue of a birth certificate issued by the competent authority in the country in which the birth occurred, within the period specified by the executive regulations. And if it is not possible to report by the parents. Those who have legal authority over the newborn must be informed.

2-Ministry of Foreign Affairs and International Cooperation shall inform the competent authorities within the country of the birth incidents reported by diplomatic missions in accordance with the legislation in force in this regard.

3-of the parents of the newborn or whoever has legal authority over him may obtain a birth certificate for the newborn outside the country from the concerned administration. This is according to the birth certificate issued outside the country and certified by the diplomatic mission and after ratification by the competent authority inside the country.

4- the birth occurred in a country where there is no diplomatic mission. Or in any other cases of birth outside the country not mentioned in this article. The notification shall be made to the nearest accessible diplomatic mission or to the concerned department in that country, as the case may be.

5- executive regulations of this Decree-Law shall regulate the terms, conditions and procedures for obtaining a birth certificate for a citizen born abroad. This is in cases where it is not possible to inform the diplomatic mission of the birth. 

Article (11)

Birth notification and birth certificate for an unknown father

1-The health facility issues a birth notification for the newborn of unknown father based on the mother’s data through the identity card or passport.

2-The Civil Administration issues a birth certificate to a newborn of unknown father based on a judicial order from the competent court that includes specifying the name and nationality of the newborn. This is based on the mother’s approval in accordance with the legislation in force in this regard. 

3- in the register of births the decision of the competent court without mentioning this in the birth certificate.

Article (12)

Birth notification and birth certificate for unknown parents

1-The health facility issues a birth notification as soon as a newborn of unknown parents receives it. In addition to the medical report on the health status of the newborn.

2- concerned department issues a birth certificate for the parents of unknown parents, and it is registered in the births registry based on a request from the nursing home in which it is deposited. And that after taking all the procedures prescribed in the legislation in force in the country

Article (13)

death notification

1-In the event of death inside the health facility. The health facility in which the death occurs shall inform the police, which shall take the necessary measures in the legislation in force in this regard. The health facility shall also inform the concerned department of the death, within a period not exceeding (72) seventy-two hours from the time of the death.

 2-the event of death outside the health facility. The police who are in charge of taking the measures prescribed in the legislation in force in this regard shall be notified. The concerned department is informed of the death after being diagnosed medically.

Article (14)

death notification

The death notification must include the following information:-

1- date of death and its Hijri and Gregorian date, indicating in numbers and letters, the time and place of its occurrence.

 2-full name of the deceased, his gender, nationality, religion or belief, age, profession and place of residence.

3-The cause of death

4-The full name, age, nationality, profession, capacity and signature of the whistleblower

5-Any other data that we specify for the executive regulations of this Decree-Law

Article (16)

Report a dead baby

The health facility in which a stillbirth occurs must inform the concerned department of the incident within a period not exceeding (72) seventy-two hours from the time of the birth of a stillborn child.

Article (17)

Notification of a stillborn baby

The notification of the dead newborn must include the following information:-

1-The full name of each of the parents of the dead newborn if they are known, their nationality, religion or belief, and their place of residence.

2-The cause of death

3-The number of uterine days

4-Any other data as specified by the Executive Regulation of this Decree-Law

Article (18)

The death of a citizen outside the country

1-If the death occurred to a citizen outside the country, any of his relatives who are with him in this country must inform the diplomatic mission of the death.

2-The diplomatic mission may be notified by anyone who is not mentioned in Paragraph (1) of this Article.

3-The death certificate is issued by the competent authorities in the country in which the diplomatic mission is located and certified by that mission and the competent authority in the country. Under which a death certificate is issued from within the country.

Article (19)

The unidentified deceased shall be registered in the death records with annotation in the case of observations by the Public Prosecution’s decision in this regard, which includes the report of the forensic physician. The executive regulations of this Decree-Law specify the data to be entered in the death register.

Article (20)

Births and Deaths Committee

1-A committee shall be established in every health authority called the Births and Deaths Committee. It is formed by a decision of the head of the health authority.

 2-decision shall be issued by the Minister in coordination with the health authorities regarding defining the committee’s competencies and the controls and standards for its work.

 

Article (21)

Change in birth and death certificate data and records

 1-is not permissible to make any change in the data of birth and death certificates or records except by virtue of a final judicial ruling issued by the competent court. The concerned department shall record, in the case of observations, the data of this provision.

2-The committee may correct any material errors that occur based on the supporting documents. It indicates in the records the reasons and justifications for the correction.

Penalties

Article (22)

Whoever fails to report a birth case from those charged with reporting on the date prescribed in accordance with the provisions of this Decree-Law shall be punished with a fine not exceeding (5000) five thousand dirhams.

Article (23)

Anyone who learns of a case of death by virtue of his kinship or job and does not report it intentionally or covertly shall be punished by a fine not exceeding (15,000) fifteen thousand dirhams.

Article (24)

Anyone who enters the registration records for a live birth, a dead baby, or a deceased child more than once shall be punished with a fine not exceeding (15,000) fifteen thousand dirhams. The court shall order the cancellation of the duplicate entry.

 

Article (25)

Shall be punished by imprisonment for a period of no less than one year and a fine not less than (100,000) one hundred thousand dirhams and not exceeding (500,000) five hundred thousand dirhams. Or one of these two penalties.

1-Deliberately submitting incorrect data or resorting to fraudulent methods or illegal means with the intention of registering a live, dead or deceased newborn in the records. The court shall write off the entry that is proven to be incorrect.

2-Making any change in the data contained in the records of births or deaths registration without the issuance of a final judgment from the competent court.

3-Deliberately destroys or causes the destruction or loss of a birth or death registry or any of its papers.

Article (26)

The imposition of the penalties stipulated in this Law by Decree shall not be replaced by any more severe penalty stipulated in any other law.

Article (27)

Birth and death certificates and official extracts from the register of births and deaths issued under this Decree-Law are considered official documents to prove the events of birth and death.

Article (28)

models

The Executive Regulation shall specify the forms of records, notifications and certificates stipulated in this Decree-Law.

Article (29)

Fee

Cabinet issues. Based on the proposal of the Minister and the presentation of the Minister of Finance. A decision to determine the fees necessary to implement the provisions of this Decree-Law.

Article (30)

Executive Regulations

Cabinet issues. On the proposal of the Minister. The executive regulations for the provisions of this Decree-Law.

Article (31)

Cancellations

1-Federal Law No. (18) of 2009 regulating the registration of births and deaths is repealed. It also cancels every provision that contradicts or contradicts the provisions of this Decree-Law.

2-The decisions, regulations and rules in force prior to the entry into force of the provisions of this Decree-Law shall continue to be enforced. In a manner that does not conflict with its provisions until the issuance of what is locally resolved in accordance with the provisions of this Decree-Law.