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It's not my baby, DNA test showed.

Abu Dhabi: An Emirati man urged the government to intervene in negating the fatherhood ruling of an 11-year-old child which the DNA proved it was not his son.

The man claimed that he has five warrants arrest issued against him to force him to register the child and issue him a passport.

The man identified as K.A., 34 year-old, told Gulf News that three courts ruled out that it was obligatory for him to register the child under his name and to issue him a UAE passport although medical tests and sequence of events proved that he was not the father of the disupted boy.

He claimed that he deserted his wife, R.A., Emirati, few days after their marriage in December 2000 as he discovered that she was still in love with another man.

He said once he discovered the relation, he left his wife's house and officially divorced her later in September 2001, ten months after their marriage.

On the day of the divorce, the woman announced in the court that she was one month pregnant with a child.

The judge ordered the husband to pay R.A. Dh500 as financial support for the to-be-born baby.

The baby was born in May 2002, at the Corniche Hospital and a birth certificate listing K.A. as the father, and R.A. as the mother was issued by the hospital.

The father claimed that he was not involved with the birth and never agreed to be listed as the father.

In September 2003, K.A.'s ex-wife filed a case at the Sharia Court asking for more money and custody of the baby.

K.A was requested to pay Dh1,300 per month and to issue a passport for the baby.

This prompted K.A. to request a DNA test to be carried on the child in order to prove that he was not his.

"I wanted to prove that it was not my baby. I had slept once with my wife after which we severed our relations. Eight months later she said she was one month pregnant. It is impossible for me to be the father of the child and I have every right to ask for a DNA test," he said.

"My ex-wife refused to refer the child for DNA test and the court issued a verdict in July 2006 stating that I have no right to negate the fathership because the Personal Affairs Code, article 97 gave a father the right to negate his fatherhood within the first seven days of his knowledge of the baby's birth. In addition, the court considered that the birth certificate bearing his name as the father proves his fatherhood. The judge refused to listen to the argument that I was not present at the time of birth and did not consent to have his name as the father.

The complainant then sought the Ministry of Interior's support to force the mother and the child to submit to DNA testing.

In May 2007, the DNA confirmed that K.A. cannot be the child's biological father and police started their investigation and accused R.A. of adultery. The public prosecutor, however, refused to proceed in the case and dropped the accusations.

The father last resort was to ask the Grand Mufti for a religious opinion about the case but the Mufti told him that he should respect the court orders and take care of the baby as if he was his own", claimed K.A.

With scientific proof in hand, he appealed to the Court of First Instance and then to the Court of Appeal and to the Court of Cassation but all rejected the hearing on ground that the case was previously heard in court and a ruling was rendered.

Gulf News sought the opinion of the Islamic Affairs on the case and if the DNA can be used to negate the fatherhood of a child, but the department said that it was not authorised to give an opinion of rulings of Personal Affairs Courts.

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Publication:Gulf News (United Arab Emirates)
Date:Jul 2, 2012
Words:690
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