By Fawzy Shakra

The United Arab Emirates has recently enacted significant amendments to its Fertility Law, particularly with the introduction of Federal Decree-Law No. 17/2023, which amends Federal Law No. 7/2019 ‘On Medically Assisted Reproduction’. These amendments represent a substantial shift towards a more inclusive and progressive framework for fertility treatments within the nation, catering to the diverse demographic landscape of the UAE. From a legal standpoint, these changes not only enhance the reproductive rights of individuals and couples but also underscore the nation’s commitment to aligning its legal framework with broader international principles. Al Murshed Law Firm provides an in-depth analysis of these legislative changes and their implications.

Key Highlights of the Amendments

Inclusivity for Non-Muslim Couples: One of the most notable aspects of the new law, as stated in Article 8, is the provision allowing non-Muslim unmarried couples to undergo In Vitro Fertilization (IVF) treatments. This marks a significant departure from previous regulations, reflecting the UAE’s commitment to accommodating the needs of its diverse population.

Embryo Preservation: The amendments introduce provisions for couples to preserve embryos for up to 5 years. This development provides a beacon of hope for many facing fertility challenges, offering them extended opportunities for family planning.

Egg-Freezing: The legal framework now explicitly permits the practice of egg-freezing, empowering individuals with more autonomy over their reproductive choices. This move aligns with global trends in fertility treatments and recognises the importance of proactive family planning measures.

Restrictions on External Donors: Consistent with the nation’s emphasis on familial bonds, the use of sperm or egg donors from external parties remains prohibited. This restriction underscores the legal and ethical considerations that the UAE prioritises in its fertility laws.

Legal Framework Governing ART

Federal Law No. 7 for the year 2019 remains the cornerstone legislation governing the application of Assisted Reproductive Techniques (ART) within licensed medical facilities in the UAE. This law sets forth stringent criteria for the implementation of ART, ensuring that such procedures are conducted with utmost medical appropriateness and ethical standards. Key provisions include:

The necessity of ART being the most medically suitable option for the patient.

The requirement of a specialist physician’s certification regarding the safety of the procedure for both the woman and the potential fetus.

The mandate for written consent from the man, along with a comprehensive explanation of the technique, its financial implications, and the realistic success rates.

Prohibited and Permitted Practices

The legal framework strictly delineates the boundaries within which ART can be practised. Prohibitions include any form of fertilisation that involves genetic material from individuals outside the marital relationship, underscoring the legal emphasis on maintaining the integrity of the family unit. Conversely, the law accommodates the fertilisation of multiple eggs for potential multiple implantations under specified conditions, along with the preservation of fertilised and unfertilised gametes for future use, subject to regulatory conditions and time limits.

Legal Implications and Considerations

The recent amendments to the UAE’s Fertility Law present a mosaic of legal, ethical, and social considerations. For practitioners and stakeholders in the field of reproductive medicine, these changes necessitate a thorough understanding of the evolving legal landscape to ensure compliance and uphold the highest standards of patient care and ethical practice.

From a legal advisory perspective, Al Murshed Law Firm is at the forefront of providing expert guidance and support to individuals and couples navigating these changes. Our expertise extends to interpreting the intricate details of the law, advising on the regulatory application process, and ensuring that our clients’ reproductive journeys align with the legal framework of the UAE.

Conclusion

The UAE’s progressive amendments to its Fertility Law mark a significant step forward in the realm of reproductive rights and medical ethics. As the legal landscape continues to evolve, Al Murshed Law Firm remains committed to offering unparalleled legal support and advocacy, ensuring that our clients are well informed and empowered in their reproductive choices within the ambit of UAE law.