IVF Children Acquiring Emirati Citizenship by the Nationality of a Parent (Jus Sanguinis)

Authors

  • Ziad Al Enizi College of Law, Al Ain University, Abu Dhabi, UAE
  • Waleed Fouad Mahameed College of Law, Al Ain University, Abu Dhabi, UAE

DOI:

https://doi.org/10.3329/bjms.v22i3.66963

Keywords:

citizenship; in vitro fertilization (IVF); nationality; private law; the right of blood

Abstract

Objective. The technology of in vitro fertilization (IVF) opened a new era in the treatment of infertility but at the same time it created new challenges for civil and international private law. This concerns the issues of determining and/or acquiring child citizenship and legal conflicts associated with this.

Materials and methods. This study examines the aspects of obtaining UAE citizenship through the study of the UAE Citizenship Law and the principle of jus sanguinis (right of blood) when citizenship is acquired by a parent’s nationality. The research aims to identify whether the current legislative regulation of the UAE meets the current challenges in the field of family relations against the backdrop of new medical advances in IVF. The paper considers the aspects of the UAE legal regulation in the scope of family law relationships. The above issues were considered from the critical evaluation prospects taking into account the potential ways for their improvement.

Results and Discussion. The problems associated with determining the citizenship for those born as a result of IVF are the subject of discussion, while, as practice shows, the law often does not keep pace with the development of reproductive technologies. Based on the analysis of legal regulation and practice, the study summarizes the grounds for obtaining UAE citizenship by children conceived through IVF and refusals to obtain it.

Conclusion. The paper recommends mitigating the requirement of proof of paternity as a condition to grant the nationality to an IVF child, especially in the case of purely medical errors in which father has no responsibility.

Bangladesh Journal of Medical Science Vol. 22 No. 03 July’23 Page : 676-686

Downloads

Download data is not yet available.
Abstract
39
PDF
56

Downloads

Published

2023-06-16

How to Cite

Enizi, Z. A., & Mahameed, W. F. (2023). IVF Children Acquiring Emirati Citizenship by the Nationality of a Parent (Jus Sanguinis). Bangladesh Journal of Medical Science, 22(3), 676–686. https://doi.org/10.3329/bjms.v22i3.66963

Issue

Vol. 22 No. 3 (2023)

Section

Original Articles

License

Copyright (c) 2023 Ziad Al Enizi, Waleed Fouad Mahameed

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors who publish in the Bangladesh Journal of Medical Science agree to the following terms that:

  1. Authors retain copyright and grant Bangladesh Journal of Medical Science the right of first publication of the work.

  2. Creative Commons Licence
    Articles in Bangladesh Journal of Medical Science are licensed under a Creative Commons Attribution 4.0 International License CC BY-4.0.This license permits use, distribution and reproduction in any medium, provided the original work is properly cited.
  3. Authors are able to enter into separate, additional contractual arrangements for the distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
  4. Authors are permitted to post their work online (e.g., in institutional repositories or on their website) as it can lead to productive exchanges, as well as greater citation of published work.