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Here is a complete breakdown of all the information available about the law governing surrogacy.
In a recent amendment to the law, the United Arab Emirates now allows people to opt for birth through surrogacy, something that was not previously an option in the country. According to legal experts, the amendment to federal law has ushered in “groundbreaking changes,” meaning a notable shift in the country’s approach to reproductive techniques.
Surrogacy is a process in which a woman agrees to carry and deliver a baby for a couple or an individual.
“Notable amendments (in the UAE law) include extending medically assisted reproduction (IVF) techniques to non-Muslim parties without a marriage certificate, allowing surrogacy and allowing unmarried couples access to fertilizations and reproductive procedures. implantation”.
saying Manasi Dicholkar, Legal Associate at Khalifa Bin Huwaidan Alketbi Advocates & Legal Consultants.
But what does this mean for couples in the UAE? Here is everything that is known about the law so far with James Clarke, Attorney at BSA Ahmad Bin Hezeem & Associates LLP.
What does the law specify?
Unmarried and non-Muslim couples can use the law after applying to relevant regulators, according to Clark.
“[They] “You will now be able to access any of the legal assisted conception and reproduction services within the country, including surrogacy.”
He noted that regulators will monitor the process in each emirate.
“Such services will be subject to regulation by each relevant regulator in each emirate of the UAE, and provided that the relevant eggs and sperm are collected from the couple concerned.”
he said.
“Egg and sperm banks remain illegal. It should be noted that there is no new law specifically allowing surrogacy; the text of the previous law prohibiting surrogacy has simply been removed. The old law prohibited the practice of surrogacy.” “external insemination between a sperm extracted from the husband and an egg taken from the wife, and then implanting the fertilized egg in the uterus of the husband’s other wife. “The new law leaves the regulation of surrogacy to each emirate.”
To whom does the law apply?
According Clark, the law applies to Emiratis and Muslim and non-Muslim expatriates. However, only non-Muslims can use the relevant services while they are not married, upon application to the relevant regulator in accordance with Article 8(2) of the new law. For couples where one or both partners are Muslim, marriage is a prerequisite to access services.
Who can be a substitute?
“The current law does not state anything about how surrogates would be chosen and no specific criteria have been published.”
Clark explained.
“Access to such services will be regulated in each case by the relevant regulator, and it remains to be seen what approach will be taken in each emirate and whether there will be any divergence in approach.”
Unmarried non-Muslim couples seeking surrogacy must undergo a key legal step, which involves obtaining approval for their application from the relevant regulator, as required by federal requirements. This will be in addition to any additional requirements that may be set at the individual emirate level.
What does this mean for couples in the UAE?
The revised laws now offer couples much broader and more flexible options compared to previous regulations. However, the detail of how these changes will affect the options available in practice remains to be seen, as each emirate’s approach to regulation is established. Once the position is clear, couples can review their options and begin making decisions.
News Source: Khaleej Times
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