Federal Supreme Court Judgment on Paternity Establishment and Limits of DNA Evidence in Personal Status

Judgment summary

In Appeal No. 20 of 2026 (Personal Status - Paternity), the UAE Federal Supreme Court examined whether DNA testing alone can establish legal paternity resulting from an illicit relationship. Lower courts had established paternity based on a forensic DNA report, despite the parties being convicted of an illicit sexual relationship and the mother being legally married to another man. The Federal Supreme Court reversed the decision and dismissed the paternity claim. The Court ruled that DNA analysis is merely a supporting procedural evidence restricted to statutory exceptions (such as newborn mix-ups or disasters) and cannot independently create legal lineage without a valid marriage or lawful presumption (Firash). Mere biological fatherhood outside the legal and Sharia framework is legally insufficient.