Legal Provisions Governing the Establishment of Lineage through Acknowledgment in UAE Law

Amanah Al-Shami

Legal Researcher at Zayed Al-Shamsi Law Firm and Legal Consultations 

Lineage is one of the fundamental pillars upon which the family structure is built in Arab and Islamic legislations. The UAE Federal Law has paid special attention to this matter due to the religious and legal consequences arising from the establishment of lineage, including matters related to inheritance, alimony, prohibited degrees of marriage, name, and legal identity. Among the methods adopted by the law to prove lineage, acknowledgment stands out as a means that combines voluntary confession and judicial evaluation. This dual nature necessitates precise regulation to ensure justice and prevent manipulation.

First: Legal Basis for Acknowledgment of Lineage
Federal Decree-Law No. 41 of 2024 concerning Personal Status, in its relevant articles, affirms the legitimacy of acknowledgment of lineage as one of the means of establishing paternity, subject to conditions that ensure its alignment with public order rules and the objectives of Islamic Sharia. This approach reflects the foundations established by Islamic jurisprudence and reinforces the role of the judge in verifying the sincerity and seriousness of the acknowledgment.

Second: Conditions for the Validity of Acknowledgment of Lineage
Article (89) of the 2024 Federal Personal Status Law outlines the conditions for establishing lineage through acknowledgment as follows:

a. The person making the acknowledgment must be an adult, sane, and acting of their own free will.
b. The child must be of unknown lineage.
c. The acknowledged person must confirm the acknowledgment if they are an adult and sane.
d. There must be a plausible age gap between the person making the acknowledgment and the child to support the credibility of the claim.

2. The court may request DNA testing whenever it deems it necessary.

Third: Legal Effects Resulting from Acknowledgment of Lineage
Once lineage is established through acknowledgment, the following legal consequences apply:

• The establishment of a parent-child relationship as stated in the acknowledgment.
• Entitlement to civil rights such as alimony, inheritance, and custody.
• Official registration of the lineage with civil status authorities.
• Prohibition of marriage in cases involving prohibited degrees of kinship.

Thus, it becomes evident that the regulation of acknowledgment of lineage in Federal Law No. 41 of 2024 reflects a precise balance between the individual right to recognition and the state’s duty to protect public order and prevent lineage fraud.