Can unmarried woman sponsor adopted child in UAE?
Dubai - "I have no relatives with whom I can keep my daughter"
By Ashish Mehta
Published: Thu 11 Jan 2018, 2:03 PM
Last updated: Fri 12 Jan 2018, 3:47 PM
I am a 47-year-old unmarried gynaecologist from Mumbai working in Dubai since the last two months. I adopted my daughter three years back in India. Presently she is with me on a long-term visit visa. When I applied for her residence visa, the application was directed to Al Awir humanitarian committee from where it got rejected because I am not married and there is no father's name on the birth certificate. I have all the legal documents of adoption, that is court order and adoption deed. The adoption deed is in my mother tongue. Does it need to be translated? Both these documents are original, but not attested. Birth certificate is attested. Do these documents also need to be attested? I am thinking of making a new application now.
Please advise me how to proceed. I have no relatives with whom I can keep my daughter. If she doesn't get a visa I will have to go back to India with her.
Pursuant to your queries, it should be understood that single unmarried woman in India can adopt a child if she fulfills the criteria laid down by Central Adoption Resource Authority which is governed by the Ministry of Women & Child Development of Government of India and the provisions laid down in 'The Juvenile Justice (Care and Protection of Children) Act, 2015 (the 'Re-enacted Adoption Law of India'). Prior to the Re-enacted Adoption Law of India which came into force on December 31, 2015 there existed 'The Juvenile Justice (Care and Protection of Children) Act, 2000 which was amended by 'The Juvenile Justice (Care and Protection of Children) Amendment Act of 2006 (the "Previous Adoption Laws of India").
All the three aforementioned Adoption Laws of India allowed a single unmarried Indian women to adopt a child. Section 57 of the Re-enacted Adoption Law of India lays down the criteria to adopt a child and it reads:
"(1) The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him or her.
(2) In case of a couple, the consent of both the spouses for the adoption shall be required.
(3) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.
(4) A single male is not eligible to adopt a girl child.
(5) Any other criteria that may be specified in the adoption regulated framed by the Authority."
Since, you have adopted your daughter three years back, we assume that the Previous Adoption Laws of India were applied. Section 21 (Amendment of Section 41 of Adoption Law of 2000) of The Juvenile Justice (Care and Protection of Children) Amendment Act of 2006 allows a single unmarried Indian woman to adopt a child. Section 41(6) is substituted in Section 21 as: "The Court may allow a child to be given in adoption -
(a) to a person irrespective of marital status; or
(b) to parents to adopt a child of same sex irrespective of the number of living biological sons or daughters; or
(c) to childless couples." Based on the aforementioned laws you have fulfilled the criteria that a single unmarried woman can adopt a child."
Further, you must get all the court orders, documents related to adoption of the daughter attested by the authorities concerned in India and the UAE Embassy in India. Further, you are required to arrange legal translation of the adoption deed to English and get it notarised and legalised. Subsequently, the said documents should be attested by the Ministry of Foreign and International Cooperation Affairs, in the United Arab Emirates and thereafter legally translate all such documents in Arabic and the translations needs to be stamped by the Ministry of Justice in UAE.
Indefinite wait for settlement
My previous company didn't pay my settlement, which included four-months salary and one and a half years' gratuity. I signed the final settlement paper by saying that "with this settlement of account you have no claims whatsoever on this company in the future". It was only by doing this that I could get my visa cancelled and join the new company immediately. Now it has been more than three months, and am yet to get my full and final settlement. What are the legal options available to me? How can I get my settlement?
Pursuant to your questions, once an employee signs a document of the Ministry of Human Resources and Emiratisation (the "Ministry") confirming receipt of all its dues from the employer, it is considered that the employer has paid all dues of the employee. Therefore, you may not be able to lodge a complaint with the ministry as your visa has been cancelled, and the ministry may not have any jurisdiction to deal with this matter. However, you may file a civil claim against your ex-employer in the court if you have relevant documentary evidence to support that your former employer did not pay your dues even though you signed a document confirming receipt of all dues.
If the court deems fit to register your case, it may also appoint a financial expert at the later stage to consider this matter and submit its observations to the court related to your settlements. Largely, the onus will be on your former employer to demonstrate payment of due to you.
Know the Law
Section 21 (Amendment of Section 41 of Adoption Law of 2000) of The Juvenile Justice of India (Care and Protection of Children) Amendment Act of 2006 allows a single unmarried Indian woman to adopt a child. Section 41(6) is substituted in Section 21 as: "The Court may allow a child to be given in adoption - (a) to a person irrespective of marital status....