أسئلة قانونية إماراتية عامةمرسوم بقانون في شأن تنظيم قيد المواليد والوفيات

Article (1) Definitions In application of the provisions of this Law by Decree, the following words and phrases shall have the meanings assigned to each of them, unless the context otherwise requires: State: The United Arab Emirates. Ministry: Ministry of Health & Prevention. Minister: Minister of Health & Prevention. Citizen: Anyone who has the nationality of the State in accordance with the legislation in force in the State. Health Authority: The Federal or Local Government Health Authority, as the case may be, concerned with regulating health affairs. Concerned Department: The Organisational Unit responsible for births and deaths

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 3 registration and birth and death certificates issuance in the Health Authority or in any other Authority designated by a resolution of the Cabinet. The Committee: The Birth and Death Committee in each Health Authority established in accordance with the provisions of Article (20) of this Decree by Law. Health Facility: Every place prepared and licensed to conduct medical examinations on patients, provide medical advice to them, or assist in diagnosing their diseases, treating them, nursing them, or housing them for treatment, or carrying out any work related to prevention, treatment, or rehabilitation, whether owned or managed by someone. Natural or legal persons. Competent Court: The Court within whose jurisdiction the birth or death occurred, or the Court within whose jurisdiction there is the Office of the Health Authority that undertakes 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 name: Name of two words, neither of which alone is suitable as a name for a person. Double name: Name of two words, neither of which alone is suitable as a name for a person. Live newborn: Newborn that shows any of the symptoms of life after being discharged or removed from the mother, regardless of the duration of the pregnancy. Dead newborn: newborn that does not show symptoms of life when it is released or removed from the mother, provided that the duration of pregnancy is not less than (180) one hundred and eighty days. Death: Complete departure of life from the body, definitely and authoritatively, either by complete, final and irreversible cessation of the functions of the circulatory and respiratory systems, or complete, final, and irreversible cessation of brain functions, making doctors

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 4 decide that this cessation is irreversible, in accordance with the precise medical standards determined by a resolution issued by the Minister after coordination with Health Authorities. Records: Unified National Registry at the State level and the registry established at the Local Health Authority in accordance with the provisions of this Decree by Law.

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 registries within the scope of its jurisdiction, one for registering births and the other for registering deaths. The Executive Regulations of this Decree by Law specify the following: A. Records Data. B. The supporting documents, conditions and controls that shall be available for registration in the records. C. Procedures, methods and periods for keeping records. D. Data exchange mechanisms between the Ministry and other Health Authorities.

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 5 E. Methods and procedures for electronic linking between Health Authorities' records and the Unified National Registry. F. Health Authorities may add any other data they deem appropriate to their existing records. G. The Ministry and other Health Authorities shall coordinate with the relevant authorities in the State concerning data and statistics related to births and deaths.

Article (5) Proof of the birth occurring outside the Health Facility without medical supervision 1. If the birth occurred outside the Health Facility without medical supervision, the persons referred to in the order indicated in this Clause shall inform the nearest Health Facility of this in order to prove the birth incident and issue a birth report within a period of (30) thirty days from the date of birth: A. The child father, if present, or his mother. B. The person in charge of family affairs in the event of the father absence or death before birth. C. Adult relatives up to the fourth degree who attended the birth.

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 6 D. Any other person who attended the birth or was appointed by one of the newborn parents. 2. The Health Facility shall examine the mother and newborn and notify the Concerned Department within (72) seventy-two hours from the date of issuing the birth report. 3. If the Health Facility is notified after the end of the period referred to in Clause (1) of this Article, the Health Facility shall prepare a medical report on the case. The concerned person shall submit a request to the Health Authority, which will refer him to the Committee to take the appropriate action.

Article (6) Birth Notification 1. The Birth Notification is considered proof of the fact of birth and is not considered a document proving parentage. 2. Information related to the circumstances of the pregnancy is considered a medical secret that a health professional is prohibited from disclosing unless he is asked to do so in accordance with the legislation in force in this regard. The Health Facility shall ensure that the confidentiality of the information and data included in the records is maintained. 3. The Health Facility shall issue a birth report by requiring the submission of the ID or passport of the mother and father, if any, and the identity or passport of the person reporting the birth in the event of birth outside the Health Facility, without the need for any other documents. 4. The Birth Notification shall include the following information: A. The day of birth, its Hijri and Gregorian date, indicated in numbers and letters, and its time and place.

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 7 B. The sex of the newborn. C. The newborn name, if specified. The newborn name may be compound or double, provided that it conforms to 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 or passport number of non-residents of the State, for each of them, if any. E. The name of the Health Facility where the birth occurred and the name of the birth supervisor if the birth occurred in a Health Facility. F. Any other data determined by the Executive Regulation of this Law by Decree.

Article (7) Obtaining a birth certificate for a child born within the State 1. If the birth occurred within the State, either of the newborn parents or anyone who has legal authority over him shall submit a request to obtain the birth certificate to the Concerned Department within (30) thirty days from the date of birth. To issue the birth certificate, the following documents shall be attached: A. Birth Notification. B. A marriage certificate or document or an acknowledgement from the parents of the child lineage legalised by the Embassy of the State to which they belong or by a Notary Public. C. The mother ID or passport, and the father, if any. 2. The employee in charge of entering the data and documents of the Birth Notification and issuing the birth certificate in the Concerned Department shall be careful in entering these data, and verify that the birth certificate matches the Birth Notification.

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 8

Article (10) Obtaining a birth certificate for a child born outside the State 1. If the birth occurred for a Citizen outside the State, any of his parents shall inform the State diplomatic mission of the birth according to a birth certificate issued by the Competent Authority in the State in which the birth occurred within the period specified by the Executive Regulations. If notification is not possible by the parents, notification

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 9 shall be made by those He has legal authority over the newborn. 2. The Ministry of Foreign Affairs and International Cooperation shall inform the Competent Authorities within the State of birth incidents reported to it by diplomatic missions in accordance with the legislation in force in this regard. 3. Any of the parents of the newborn or whoever has legal authority over him may obtain a birth certificate for the newborn outside the State from the Concerned Department, based on the birth certificate issued from outside the State and certified by the diplomatic mission and after its legalisation by the Competent Authority within the State. 4. If the birth incident occurred in a State where there is no diplomatic mission, or in any other cases of birth outside the State not mentioned in this Article, reporting shall be made to the nearest diplomatic mission that can be reached or to the Concerned Department in that State, as the case may be. 5. The Executive Regulations of this Decree by Law shall regulate the terms, conditions and procedures for obtaining a birth certificate for a Citizen born abroad, in cases where it is not possible to inform the diplomatic mission of the birth incident.

Article (11) Birth Notification and birth certificate for unknown father 1. The Health Facility issues a Birth Notification for the newborn of unknown father based on the mother data through the ID or passport. 2. The Concerned Department issues the birth certificate for the newborn of unknown father based on a judicial order from the Competent Court that includes specifying the name and nationality of the newborn, based on an acknowledgement from the mother in accordance with the legislation in force in this regard.

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 10 3. The resolution of the Competent Court shall be entered in the birth registration register, without this being mentioned in the birth certificate.

Article (13) Reporting the death 1. In the event of a death within a Health Facility, the Health Facility in which the death occurs shall notify the police, who shall take the procedures prescribed in the legislation in force in this regard. The Health Facility shall also inform the Concerned Department of the death incident within a period not exceeding (72) seventy-two days, an hour from the time of death. 2. In the event of a death outside a Health Facility, the police will be notified, who will take the measures stipulated in the legislation in force in this regard, and the Concerned Department will be informed of the death after it is diagnosed medically.

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 11

Article (15) Registration in the death registry and issuance of a death certificate The Concerned Department shall issue the death certificate in Arabic, and another copy may be issued in English, upon the request of any of the deceased relatives up to the fourth degree or those legally responsible for him, and the death certificate is delivered to any of them. The Executive Regulations of this Decree by Law shall specify the procedures for registration in the death register, the controls for extracting birth certificate data, and the procedures for obtaining an official extract from death records.

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 12

Article (18) Death of a Citizen outside the State 1. If the death occurred to a Citizen outside the State, any of his relatives who are with him in this State shall inform the diplomatic mission of the death. 2. The diplomatic mission may be notified by someone other than those mentioned in Paragraph (1) of this Article. 3. The death certificate is issued by the Competent Authorities in the State in which the diplomatic mission is located and authenticated by that mission and by the Competent Authority in the State, according to which a death certificate is issued from within the

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Federal Decree by Law of 2022 concerning the Registration of Births and Deaths Regulations 13 State.

Article (25) The penalty for submitting incorrect data, making changes to it without a final ruling, or causing the destruction or loss of records Whoever commits any of the following actions shall be punished with imprisonment for a period that is not less than one year and a fine that is not less than (AED 100.000) one thousand Dirhams and is not exceeding (AED 500.000) five hundred thousand Dirhams, or one of these two penalties: 1. Deliberately provided incorrect data or resorted to fraudulent or illegal means with the intention of registering a live birth, dead born or deceased child in the records. The Court shall rule to delete the entry that proves to be incorrect. 2. Make any change in the data contained in the birth or death registration records without a final ruling being issued by the Competent Court. 3. He deliberately destroyed or caused the destruction or loss of a birth or death record or any of its papers.