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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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I'm pregnant but not married here in uae. And my...
I'm pregnant but not married here in uae. And my boyfriend doesn't want to support my baby. What should i do? And if i surrender my self to the police what will happen to me and to the father of my baby?
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إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that if you made a sexual intercourse and a pregnancy occurred, and the child's lineage was not known yet, the mother can prove the lineage to the UAE judiciary.
Paternity is established either through the concluded marriage contract if there is a customary marriage contract, evidence, or by available scientific methods.
After the case is filed, all methods will be taken to ensure that the child is related to his father. You can deny the paternity, and in this case a medical examination will be conducted to prove the lineage by a committee consisting of 3 or 5 doctors
Articles related to proportions according to UAE law
Article (89)
Affiliation shall be established by wedlock, by avowal, presumptions or through scientific methods if bed-sharing is established.
Article (90)
1. The child is born in wedlock if the shortest period of pregnancy has lapsed since the valid marriage and it is not established that carnal knowledge was impossible between the spouses.
2. The affiliation of the child shall be established from suspected copulation if he is born for less than the shortest period of pregnancy after the said carnal knowledge.
3. Affiliation of the born child shall be established to his mother upon evidence of his birth.
4. Once the affiliation is legally established, the action in disavowal shall not be heard.
Article (91)
The shortest period of pregnancy is one hundred and eighty days and the longest period is three hundred and sixty-five days, unless a committee of medical physicians formed for the purpose decides otherwise.
Article (92)
1. Acknowledgement of affiliation, even in death-bed, is evidence of consanguinity, unless the acknowledged person is out of wedlock, under the following conditions:
a) The acknowledged person is of unknown descent.
b) The acknowledging party is of full capacity, of sound judgment and of free choice.
c) The difference of age between the acknowledging party and the acknowledged may sustain the veracity of the acknowledgement.
d) The acknowledged person, of full capacity and sound judgment, approves the acknowledging party.
2. Affiliation is an acknowledgement of consanguinity in lineal descent made by the father of an acknowledged non-adulterous person. Acknowledgement of affiliation by the grandparent is not valid.
Article (93)
Should the acknowledging party be a married woman or a woman in her waiting period, the affiliation of the child to her husband is not established unless he consents or there is corroborating evidence to this effect.
Article (94)
The acknowledgement by the person of unknown descent of his father or mother shall establish consanguinity if approved by the acknowledged or there is evidence to this effect whenever the age difference allows such possibility.
Article (95)
Acknowledgement of kinship, other than consanguinity in lineal descent, paternity or maternity does not bind other than the acknowledging party unless approved or established by evidence.
Article (96)
Curse cannot be done except in front of the court, and it is done according to the rules prescribed by Sharia
The band is for life.
Article (97)
1 - The man may deny him the paternity of the child by cursing within seven days from the date of knowledge of the birth, provided that he has not admitted his paternity, explicitly or implicitly, and the cursing lawsuit is submitted within thirty days from the date of knowledge of the birth.
2- If the curse was to deny paternity, and the judge ruled that paternity was null.
3- If the husband swears an oath of cursing, and the wife abstains from her, abstains from attending, or is absent, and it is impossible to inform her, the judge has ruled to deny paternity.
4- The lineage of the exiled child is proven to be denied after the verdict of his exile if the man lies himself.
5- The court may seek the help of scientific methods to deny lineage, provided that it has not been proven before that
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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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