In a recent legal update, the UAE has opened the doors to surrogacy, offering a new avenue for childbirth that was previously unavailable in the country. Legal experts view the amendment in federal law as a catalyst for 'groundbreaking changes,' symbolizing a significant shift in the nation's approach to reproductive techniques.
Surrogacy involves a woman agreeing to carry and deliver a baby for a couple or an individual. According to Manasi Dicholkar, Legal Associate at Khalifa Bin Huwaidan Alketbi Advocates & Legal Consultants, notable amendments in UAE law encompass extending medically assisted reproduction techniques (IVF) to non-Muslim parties without a marriage certificate, permitting surrogacy, and providing unmarried couples access to fertilizations and implantation procedures.
So, what implications does this hold for couples in the UAE? Khaleej Times delves into the intricacies of the law, exploring everything known so far with insights from James Clarke, Of Counsel at BSA Ahmad Bin Hezeem & Associates LLP.
Legal Specifications and Application:
Clarke notes that unmarried and non-Muslim couples can utilize the law by applying to relevant regulators. He emphasizes that they are now eligible to access various lawful assisted conception and reproduction services within the country, including surrogacy. The process will be closely monitored by regulators in each emirate, ensuring that the eggs and sperm involved belong to the couple concerned.
Ban on Egg and Sperm Banks, Surrogacy Regulation:
Clarke highlights the continued illegality of egg and sperm banks. Importantly, there is no new law specifically authorizing surrogacy; rather, the language preventing surrogacy in the prior law has been removed. The old law prohibited the practice of 'external insemination,' involving a husband's sperm and a wife's egg implanted in another wife's womb. The regulation of surrogacy is now left to each emirate.
Applicability of the Law:
According to Clarke, the law extends its reach to Emiratis, as well as Muslim and non-Muslim expats. However, only unmarried non-Muslims can utilize the relevant services, subject to approval from the regulator under Article 8(2) of the new law. For Muslim couples, marriage is a prerequisite to accessing the services.
Surrogate Selection:
Clarke notes the absence of specific criteria for selecting surrogates in the present law. The regulation of access to such services will be determined by the relevant regulator in each case, and it remains to be seen how each emirate will approach this matter.
Legal Steps for Unmarried Non-Muslim Couples:
Unmarried non-Muslim couples seeking surrogacy must undergo a crucial legal step, obtaining approval from the relevant regulator in line with federal requirements. Additional requirements may be imposed at the emirate level.
Implications for Couples in the UAE:
The revised laws provide couples with significantly expanded and more flexible options compared to previous regulations. However, the practical impact is yet to be seen, dependent on each emirate's evolving regulatory approach. Once the regulatory landscape becomes clearer, couples can assess their options and make informed decisions.