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Non-Emirati couples and single women are now allowed to foster children in the UAE, following a landmark ruling.
Fostering children was previously limited to Emirati Muslim married couples and Emirati Muslim women between the ages of 30 and 50.
The amendment to the law means any married couple who are both over the age of 25 can apply to foster a child, regardless of nationality or religion. Women over the age of 30 can also apply to become foster parents, with no upper age limit.
“The amendment to the law on children of unknown parentage, which now extends fostering to non-Muslims, is an exciting development,” said Shabana Saleem, senior family mediator and barrister at Al Tamimi & Co.
“Having personally relied on fertility treatment on my own path to parenthood, this reform resonates deeply as recognition of the atypical journey that many families take to start or grow their family.
“It signals the UAE’s continued commitment to modern, compassionate and inclusive family-building.”
For the first time, many of these children now have the chance to remain in the country they consider home, surrounded by their schools, friends and communities, she added.
“Extending fostering in this way places child welfare at the centre of the legal framework and strengthens the evolving fabric of families across the UAE,” said Ms Saleem.
How have the rules on fostering changed?
Foster parents must be able to prove they can financially support the child. They must also sign an agreement not to change the child’s identity or beliefs.
There is now no upper age limit on single women fostering a child. Now it is available to women of all nationalities in the UAE aged 30 or older.
Previously, children would be immediately removed if foster parents were found to be at fault for any issues. Now a committee will recommend steps to fix the situation, providing the issue is not regarded as serious.
The changes will help to convince more families to relocate to the UAE, said one legal expert.
“In just a few years, the country has updated major parts of its legal system to reflect the reality of a cosmopolitan society,” said Hesham Al Rafei.
“The new fostering changes – allowing expatriate and non-Muslim families to care for children of unknown parentage – are another step in that direction. What deserves more attention is how this directly links to the UAE’s ability to attract top talent.
“Expats and families don’t just relocate for sunshine and salaries. They move for stability and progressive, modern rules. When a country has workable family laws, it becomes far more appealing to high-skilled professionals – doctors, teachers, scientists – who want not only to work here but also to build their lives here.”
Unlike adoption, the child will not have inheritance rights if their foster parents die, and cannot become part of the foster family’s lineage.
However, one Emirati foster mother questioned how much long-term security a child would have with an expat family.
“Expatriates live in the UAE on a temporary basis,” said Narjes Ali. “Their residency depends on employment contracts or permits that may last several years, but their future in the country is never guaranteed.
“Housing is usually rented and long-term stability is uncertain. A child, by contrast, requires a permanent and secure environment, continuous education, adequate health care and valid official documentation.
She added: “Emirati families are supported by the state, which guarantees the child’s rights and future.
“For this reason, I believe it is in the child’s best interest to be fostered by a citizen family rather than expatriates whose residency may not be permanent.”
