coverimage
Dubai News

Indian woman in Dubai divorces husband over surrogate child

date

19-Nov-2019

Dubai: A woman who filed a divorce case against her husband after discovering he had arranged for another woman to have their baby through surrogacy has won the law suit in the Dubai Personal Status Court, believed to be the first of its kind case in the UAE.
 
The 37-year-old Indian woman, who had been married to an Indian man, 38, for 15 years, could not have a child. In 2016, the woman discovered that her husband had not only used a surrogate mother but also registered the infant in her name without her knowledge or consent, following which she asked for divorce. Her lawyer Awatif Mohammad Khouri from Al Rowaad Advocates told the court that in return for granting her divorce and alimony, the husband forced his wife to sign a document approving the surrogacy procedure.
 
The woman launched a divorce case in India but it was rejected and the baby girl was born in March 2016.
 
“I didn’t know that he had registered the child under my name in the birth certificate. He used the womb of another woman and the egg of another woman without my permission for fertilisation. I was forced to sign the agreement to get my divorce and alimony,” the woman said in case documents. Records said after the birth of the child, the woman’s husband became abusive and stopped providing for her needs.
 
He tried to send her out of the house and when she refused to leave, he packed his belongings, took all the jewellery and abandoned her before informing her that the baby girl’s birth certificate carries her name as the biological mother. She filed a case in Dubai asking for divorce and alimony and for her name be removed as the child’s biological mother.
 
The court was told in March 2019 that the surrogacy process was done with the wife’s knowledge and consent but she had changed her mind as the delivery date neared. The husband claimed that the procedure was done in India where surrogacy is legal. He even submitted a copy of the Indian law to support his claim, requesting that his home country’s law be applied in this case. However, the woman’s lawyer told the court that surrogacy is against the UAE’s laws and public morals.
 
“Although the Indian law can be applied in several cases in the UAE, it cannot in this specific case because surrogacy is against the laws and public morals of the country (UAE) where the case is being heard,” the wife’s lawyer Khouri told the court. Dubai’s Personal Status Court ordered that the child be referred for a DNA test, but the father failed to follow the order after which the court ruled in favour of the woman.
 
“As per the court’s judgement surrogacy was ruled forbidden according to UAE’s Islamic principles which are part of the country’s laws and public morals,” said Khouri. According to the case documents, surrogacy does not prove lineage of a child. “The court decided that my client is not the biological mother of the child even if her egg was used in the process,” he noted.
 
What is surrogacy?
Surrogacy is an arrangement whereby a woman (surrogate mother) agrees to bear a child for another person or couple who will become the child’s parent(s) after birth. The legality of surrogacy varies around the world. Many countries do not have laws which specifically deal with surrogacy. While some countries completely ban surrogacy, others do not permit commercial surrogacy and allow altruistic surrogacy (in which the surrogate is not financially compensated).
 

More Related News

Understanding the costs associated with turning your insurance pandemic-proof

..

11-Jun-2020

Doctors advise people in UAE to stay patient

..

11-Jun-2020

Short-term demand unlikely to see an increase as air travel awaits more clarity

..

11-Jun-2020

Some groups of people are exempted from wearing face masks depending on factors

..

31-May-2020

Global, local stocks to continue posting weekly gains as sentiment eases, oil prices rise

..

31-May-2020

The reason they go from a single harmless locust to a group of crop killing insects

..

31-May-2020

There will be no restrictions on movement between 6am and 11pm when rule comes into effect

..

26-May-2020

Supplies of its lower cost medicines are delayed because of production issues at plant

..

26-May-2020

Starting tomorrow, operating hours will revert to normal as Dubai returns to business

..

26-May-2020

Dubai Sports Council issues guidelines, local gyms welcome reopening

..

26-May-2020


Related Links_


Google ADS

Other Info_

..

Health Care

Multi Specialty medical facilities, government hospitals & private clinics

..

Education

Nurseries, Kindergardens, Schools, Colleges, Universities & Higher Education

..

Popular Restaurants

Dining in Dubai - selection of restaurants where you can relax & enjoy a variety of cuisines of choice

Jobs at Dubai_

Find latest Dubai Jobs & Vacancies from placement agencies, employers & recruitment consultants in Dubai, Abu Dhabi & other Emirates in UAE.

Dubai Tours & Packages_

Book quality Dubai tours, best Dubai holiday packages with visas & Dubai hotel booking with special offers & discounts

Warnning

Unsupported Browser

This website includes CSS elements that your browser does not support. Please upgrade your browser to a current version, then come back and try again.

Upgrade your Browser for more experience

Chrome Firefox Safari Edge