UAE Opens Foster Care to Expats and Single Women: What Federal Decree-Law No. 12 of 2025 Means for Foster Families

The UAE has introduced one of the most significant reforms to its child welfare framework in recent years with the enactment of Federal Decree-Law No. 12 of 2025, amending Federal Decree-Law No. 24 of 2022 on Children of Unknown Parentage. The amendments considerably widen access to foster care by allowing qualifying expatriate married couples and eligible single women to apply as foster families — a notable departure from the previous framework, which largely limited eligibility to Emirati nationals.

While the reforms make the foster care system more inclusive, they also preserve the UAE's longstanding commitment to protecting vulnerable children through rigorous eligibility assessments, government approvals and ongoing supervision. Every decision relating to foster placement continues to be guided by one overriding principle: the best interests of the child.

For prospective foster carers, the amendments create new opportunities but not a simplified application process. Foster care remains a carefully regulated legal arrangement that requires strict compliance with statutory eligibility criteria, documentary requirements and continuing obligations after placement.

The reforms also expand the role of legal practitioners, who are increasingly advising prospective foster families on eligibility, documentation, regulatory procedures and ongoing compliance throughout the foster care relationship.

Foster Care is Not Adoption

Understanding the UAE's foster care framework begins with an important legal distinction.

Unlike many jurisdictions, the UAE does not recognise adoption in the traditional legal sense, under which a child becomes the legal descendant of adoptive parents with corresponding changes to lineage, family name and inheritance rights.

Instead, the UAE follows a regulated foster care system, commonly associated with the concept of kafala. Under this framework, approved foster families assume responsibility for a child's care, upbringing, education and welfare without altering the child's legal identity or lineage.

The 2025 amendments expand access to this existing foster care framework rather than introducing a new adoption regime. This distinction remains fundamental to understanding both the rights of the child and the responsibilities of foster families under UAE law.

A More Inclusive Eligibility Framework

The most significant feature of the amendments is the expansion of eligibility to a broader range of applicants.

Under the revised framework, married couples may apply to foster a child regardless of nationality or religion, provided both spouses satisfy the statutory requirements and the competent authority determines that the placement serves the child's best interests.

The amendments also allow women aged 30 years or above to apply as foster carers, recognising that safe and nurturing family environments may exist beyond the categories previously contemplated under the legislation.

However, the reforms do not create an automatic right to foster a child. Every application is assessed individually, and approval ultimately depends on the competent authority's evaluation of the applicants' suitability and the child's welfare.

Eligibility Extends Beyond Nationality and Marital Status

The revised legislation adopts a holistic approach to assessing suitability rather than focusing solely on nationality or personal status.

Applicants may be required to demonstrate legal capacity, good character, financial stability, physical and psychological fitness, and the ability to provide a secure and supportive home environment. Authorities may also consider criminal records or other circumstances that could adversely affect the child's wellbeing.

The objective is to ensure that every foster placement provides long-term stability while promoting the child's physical, emotional and educational development.

These requirements reinforce an important principle: foster care is fundamentally a child protection measure rather than an alternative route to family formation.

Financial Stability and a Suitable Home Environment

Financial capability is one of the key considerations during the assessment process.

Rather than prescribing a fixed income threshold, the competent authority generally evaluates whether applicants possess sufficient financial resources to provide accommodation, healthcare, education and everyday care throughout the foster placement.

Applicants should therefore expect to submit supporting evidence such as salary certificates, employment records, bank statements or other financial documents requested by the authorities.

The suitability of the proposed home environment is equally important. Authorities may assess not only the physical condition of the residence but also the overall family setting, caregiving arrangements and the stability of the household to determine whether it can support the child's long-term welfare.

Documentation and the Approval Process

Like many family law procedures in the UAE, foster care applications require extensive documentation.

Applicants should be prepared to submit identity and residency documents, marriage certificates or civil status records, medical reports, police clearance certificates, financial records and any additional documents requested during the assessment process.

Where documents originate outside the UAE, they may require legalisation, authentication and certified Arabic translation before they are accepted by the competent authorities.

Incomplete, inconsistent or improperly authenticated documentation can delay the approval process. Early legal review of the application often helps identify potential issues before submission, reducing procedural delays and improving the likelihood of a smooth assessment.

Continuing Supervision After Placement

 

Government oversight does not end once a foster care application is approved.

The legislative framework provides for ongoing supervision to ensure that foster placements continue to safeguard the child's welfare. Depending on the circumstances, foster families may be subject to periodic reviews, monitoring visits or requests for updated information to confirm continued compliance with statutory obligations.

The amendments further strengthen the regulatory framework by reinforcing the responsibilities of foster carers in relation to the child's identity, welfare and ongoing care. Foster families are expected to cooperate fully with supervisory authorities and continue meeting the standards upon which their approval was granted.

From a legal perspective, foster care should therefore be understood as a continuing legal relationship rather than a one-time administrative approval.

The Lawyer's Role in Foster Care Applications

Although foster care proceedings are centred on child welfare rather than litigation, legal advice can be valuable at every stage of the process.

Lawyers assist prospective foster families by assessing eligibility, identifying documentary requirements, coordinating the authentication of foreign documents, advising on procedural obligations and responding to enquiries from the competent authorities.

Legal assistance can be particularly beneficial where applications involve expatriate families, cross-border documentation or complex personal status issues.

Following approval, legal practitioners may also advise foster families on their continuing statutory obligations, interactions with supervisory authorities and any legal issues that arise during the placement.

By ensuring that applications are properly prepared from the outset, legal advisers can help minimise delays, facilitate regulatory compliance and support a smoother approval process.

Conclusion

The introduction of Federal Decree-Law No. 12 of 2025 marks a significant evolution in the UAE's foster care framework. By extending eligibility to qualifying expatriate married couples and eligible single women, the UAE has broadened opportunities for children of unknown parentage to be raised in safe, stable and supportive family environments while preserving robust legal safeguards designed to protect their welfare.

At the same time, the reforms make clear that foster care is not merely a compassionate undertaking but a carefully regulated legal relationship. Thorough eligibility assessments, financial capability reviews, documentary compliance and continuing government supervision remain central to the framework.

As the UAE continues to modernise its family law regime, prospective foster carers must approach the process with careful preparation and a clear understanding of their legal responsibilities. Early legal advice can help applicants navigate the regulatory framework, satisfy procedural requirements and ensure ongoing compliance. Ultimately, in a system where the child's best interests remain paramount, careful preparation is not simply a procedural advantage — it is essential to securing a stable, lawful and sustainable foster placement.

 

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