May I get the advice/ answer to the following question. My cousin’s daughter is holding a valid residence (Article 22) permit until January 2017 which was stamped 3 years ago on her father’s sponsorship. Now she has got married and is expecting her first baby in May 2016 … and her husband doesn’t have a Kuwait residence permit.
1. Is it allowed for her to come to Kuwait and deliver in a private hospital because her parents are in the country.
2. If the baby is born in Kuwait, is it a must for the father of the baby to be available in Kuwait during the delivery time.
3. If the baby is born in Kuwait in above situation, will my country’s embassy issue a passport or travel documents for baby so it can be taken to the home country of the mother.
4. Will the Immigration Department allow the baby and mother (who is on the sponsorship of her father) to go out the country without any legal difficulties. My cousin wanted to cancel her residence permit when she got married but did not.
5. She has a marriage certificate.
Answer: While there are no restrictions on woman delivering babies in Kuwait even if their husbands are not residents of Kuwait, your cousin’s daughter could face a different kind if she delivers the baby in Kuwait because of the new laws which are being enforced from the start of this year.
Before we go, please remember that the father of your cousin’s daughter — by law — was required to transfer or cancel her residence as soon she got married because only unmarried daughters can be sponsored as dependents by their fathers.
So, the father could find himself facing legal problems if the country’s authorities discover that he violated Kuwait’s laws.
Having said that, a lot of such cases have managed to escape the attention of the authorities — although it is a big and unnecessary risk, especially since the country’s laws are being violated — and delivered their babies without much problems although we would advise everyone to avoid breaking the law.
But you will have to take the baby out of the country within 60 days of its birth or face serious legal consequences which could result in you having to visit various government and also the courts.
You will first have to get the baby’s birth certificate before getting the travel documents from your embassy (without any problems).
You have then to get permission to take the baby out of Kuwait from the Immigration Department.
Source - Arab Times
Note - All the answers were provided by Arab Times Legal Clinic.
21 Apr, 2016, 07:09 PM
21 Apr, 2016, 07:09 PM