Article 39 of the Saudi Civil Status Law
المادة 39 من نظام الأحوال المدنية
The Article requires anyone who finds a newborn foundling to notify the police or the administrative governor at once, and regulates the report of the incident and handing the child to a care body or to the finder if he is shown to be fit.
Official text (Arabic)
This article has not been amended since the law was issued.
يجب على من يعثر على لقيط حديث الولادة أن يشعر فورا أقرب مركز للشرطة في المدن أو الحاكم الإداري في القرى والمراكز، وعلى هؤلاء تحرير محضر بالواقعة يتضمن وصف الحالة والملابسات وتحديد المكان الذي وجد فيه وتاريخ اليوم والساعة التي عثر عليه فيها، ويجب أن يشمل المحضر وصف الطفل وما معه من أشياء وتقدير سنه حسب الظاهر والتعريف الكامل بمن عثر عليه - ما لم يرفض ذلك - ويجب أن يوقع المحضر كل من الشخص الذي حرره والشخص الذي وجد الطفل - إذا رضي بذكر اسمه فيه - ويسلم الطفل والمحضر إلى إحدى المؤسسات أو أحد الأشخاص المعتمدين لرعاية مثله ما لم يرغب الشخص الذي عثر عليه في تربيته ورعايته إذا ثبت صلاحيته لذلك لدى وزارة العمل والشئون الاجتماعية بعد أن تتم تسميته حسب التعليمات المتبعة لديها.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 39 explained in plain English
This Article regulates what must be done on finding a newborn foundling, in several stages:
1. Immediate notification: whoever finds the foundling must notify at once the nearest police station in cities, or the administrative governor in villages and centers.
2. Drawing up the report: the body notified must draw up a report containing:
- a description of the situation and circumstances, the place where the child was found, and the date and hour.
- a description of the child and what was with him, and an estimate of his age by appearance.
- full identification of the finder, unless he refuses.
The report is signed by whoever drew it up and by whoever found the child if he agrees to his name being stated.
3. Handing over the child: the child and the report are handed to an institution or person approved to care for such children, unless the finder wishes to raise and care for him, on condition that his fitness for this is established before the Ministry of Labor and Social Affairs, and after the child has been named in accordance with the instructions it follows.
Article 40 complements these rules: it requires the institution or person entrusted with the foundling's care to notify the competent civil status office within 15 days of receiving him, whereupon the registrar records him as usual, his birth certificate is handed over without stating that he is a foundling, and if one or both parents become known, his entry is corrected by decision of the committee. Article 38 deals with a newborn who dies before being recorded and with a child born dead.
Practical example
Sultan found a newborn baby abandoned near a mosque in a Riyadh neighborhood. He must notify the nearest police station at once, which draws up a report of the incident and a description of the child and what was with him. If Sultan wishes to raise him, the child is handed over to him only if his fitness is established before the competent ministry.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 39 of the Saudi Civil Status Law
What should I do if I find an abandoned baby?
You must notify the nearest police station in cities, or the administrative governor in villages and centers, at once, so that a report of the incident is drawn up.
Must I give my name in the report on finding the baby?
The report includes full identification of the finder unless he refuses, and he signs it only if he agrees to his name being stated in it.
Can I raise the child I found?
Yes, if you wish to and your fitness is established before the Ministry of Labor and Social Affairs, after the child has been named in accordance with the instructions it follows.
More articles on Registering a Foundling
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.