Family LawSurrogacy & Assisted Reproduction in UAE: Legal Considerations

04/06/2023by Hossam Zakaria0

Table of Contents

“Navigating the legal landscape of surrogacy and assisted reproduction in the UAE.”

Introduction

Surrogacy and assisted reproduction are complex legal issues in the United Arab Emirates (UAE). While surrogacy is not explicitly prohibited by law, it is not legally recognized or regulated. Assisted reproduction, on the other hand, is allowed under certain conditions and with the approval of the Ministry of Health and Prevention. It is important for individuals considering surrogacy or assisted reproduction in the UAE to understand the legal considerations and potential risks involved.

Overview of Surrogacy and Assisted Reproduction Laws in the UAE

Surrogacy and assisted reproduction have become increasingly popular in recent years, with many couples and individuals turning to these methods to start or expand their families. However, the legal landscape surrounding surrogacy and assisted reproduction can be complex and varies from country to country. In the United Arab Emirates (UAE), there are specific laws and regulations governing these practices.

Surrogacy is defined as an arrangement in which a woman carries and gives birth to a child for another person or couple. In the UAE, surrogacy is only allowed for married couples who are unable to conceive naturally. The surrogate mother must be a close relative of the couple, and the arrangement must be made through a licensed medical facility. The surrogate mother must also be medically and psychologically fit to carry a child.

Assisted reproduction, on the other hand, refers to any medical procedure that helps a woman conceive. This can include in vitro fertilization (IVF), intrauterine insemination (IUI), and other similar procedures. In the UAE, assisted reproduction is allowed for married couples who are unable to conceive naturally. The procedures must be carried out by licensed medical facilities and must adhere to strict guidelines.

One of the main legal considerations surrounding surrogacy and assisted reproduction in the UAE is the issue of citizenship. Children born through surrogacy or assisted reproduction are not automatically granted UAE citizenship. Instead, the child’s citizenship is determined by the citizenship of the biological parents. If the biological parents are UAE citizens, the child will be granted UAE citizenship. If the biological parents are not UAE citizens, the child will not be granted UAE citizenship.

Another legal consideration is the issue of inheritance. In the UAE, inheritance laws are based on Islamic law, which can be complex and may not always align with the wishes of the parents. It is important for parents to seek legal advice and make appropriate arrangements to ensure that their children are provided for in the event of their death.

There are also strict guidelines surrounding the use of donor sperm and eggs in assisted reproduction. In the UAE, donors must be anonymous, and the identity of the donor must be kept confidential. The use of donor sperm or eggs must also be approved by a medical committee, and the donor must undergo extensive medical and psychological testing.

In addition to these legal considerations, there are also ethical considerations surrounding surrogacy and assisted reproduction. Some people argue that these practices go against traditional family values and may lead to exploitation of women. Others argue that these practices provide a valuable service to couples and individuals who are unable to conceive naturally.

Overall, surrogacy and assisted reproduction are legal in the UAE, but there are strict guidelines and regulations that must be followed. It is important for couples and individuals considering these practices to seek legal and medical advice to ensure that they are fully informed and prepared for the process. While there are legal and ethical considerations to take into account, surrogacy and assisted reproduction can provide a valuable option for those struggling with infertility.

The Role of Sharia Law in Surrogacy and Assisted Reproduction in the UAE

Surrogacy and assisted reproduction have become increasingly popular in the United Arab Emirates (UAE) in recent years. However, the legal considerations surrounding these practices can be complex, particularly when it comes to the role of Sharia law.

Sharia law is the Islamic legal system that governs many aspects of life in the UAE, including family law. In the context of surrogacy and assisted reproduction, Sharia law plays a significant role in determining the legality of these practices.

Under Sharia law, the concept of parenthood is based on biological ties. This means that the woman who gives birth to a child is considered the child’s mother, regardless of whether she is genetically related to the child. This can create challenges for surrogacy arrangements, as the surrogate mother may be considered the legal mother of the child under Sharia law.

To address this issue, the UAE has established specific regulations for surrogacy and assisted reproduction. These regulations require that all parties involved in a surrogacy arrangement must undergo medical and psychological evaluations to ensure that they are fit to participate. Additionally, the regulations require that the intended parents must be genetically related to the child.

Despite these regulations, there have been cases where surrogacy arrangements have been challenged under Sharia law. In some cases, the surrogate mother has claimed legal rights to the child, arguing that she is the child’s biological mother under Sharia law. These cases have highlighted the need for clear legal frameworks to govern surrogacy and assisted reproduction in the UAE.

One potential solution to this issue is the use of gestational surrogacy. In gestational surrogacy, the surrogate mother carries a child that is not genetically related to her. Instead, the embryo is created using the intended parents’ genetic material and implanted in the surrogate mother’s uterus. This approach can help to ensure that the intended parents are considered the legal parents of the child under Sharia law.

Another important consideration in surrogacy and assisted reproduction is the use of donor gametes. Under Sharia law, the use of donor gametes is generally prohibited, as it can create issues around the concept of parenthood. However, the UAE has established regulations that allow for the use of donor gametes in certain circumstances, such as when one or both of the intended parents have a medical condition that prevents them from producing viable gametes.

In conclusion, the role of Sharia law in surrogacy and assisted reproduction in the UAE is complex and requires careful consideration. While the UAE has established regulations to govern these practices, there are still challenges around the concept of parenthood and the use of donor gametes. As surrogacy and assisted reproduction continue to grow in popularity, it will be important for the UAE to continue to develop clear legal frameworks to ensure that these practices are conducted in a way that is consistent with Sharia law and protects the rights of all parties involved.

Legal Rights and Obligations of Surrogates and Intended Parents in the UAE

Surrogacy and assisted reproduction have become increasingly popular in the UAE in recent years. However, there are several legal considerations that intended parents and surrogates must take into account before embarking on this journey.

In the UAE, surrogacy is only legal if it is done for medical reasons. This means that intended parents must have a medical condition that prevents them from conceiving or carrying a child. Surrogacy for commercial purposes is strictly prohibited and can result in fines and imprisonment.

Intended parents must also be married and have a valid marriage certificate. Single individuals or unmarried couples are not allowed to pursue surrogacy in the UAE. Additionally, intended parents must be UAE residents and have a valid residency permit.

Surrogacy agreements must be made in writing and signed by all parties involved. The agreement should outline the rights and obligations of the intended parents and the surrogate, including financial compensation, medical expenses, and custody arrangements.

The surrogate must be over the age of 21 and have given birth to at least one child. She must also undergo medical and psychological evaluations to ensure that she is physically and mentally capable of carrying a child to term.

Once the child is born, the intended parents must obtain a court order to establish their legal parentage. This process can take several months and requires the assistance of a lawyer.

It is important to note that surrogacy laws in the UAE are still evolving, and there have been cases where intended parents have faced legal challenges. For example, in 2019, a British couple was forced to leave their surrogate-born twins in Dubai after the father was arrested for fraud. The couple was unable to obtain a court order to establish their legal parentage, and the children were placed in the care of the Dubai government.

To avoid such situations, intended parents should work with a reputable surrogacy agency and seek legal advice from a qualified lawyer. It is also important to have a clear understanding of the legal rights and obligations of all parties involved.

Surrogacy and assisted reproduction can be a complex and emotional journey, and it is important to approach it with caution and careful consideration. While the UAE has strict laws governing surrogacy, it is still possible for intended parents to have a successful surrogacy experience with the right support and guidance.

In conclusion, surrogacy and assisted reproduction in the UAE require careful consideration of legal rights and obligations. Intended parents must ensure that they meet the legal requirements for surrogacy and work with a reputable agency and lawyer to navigate the process. With the right support and guidance, surrogacy can be a viable option for couples struggling with infertility.

Challenges and Risks of Surrogacy and Assisted Reproduction in the UAE

Surrogacy and assisted reproduction have become increasingly popular in recent years, as more and more couples struggle with infertility or other reproductive issues. However, these methods of reproduction are not without their challenges and risks, particularly in the United Arab Emirates (UAE), where the legal landscape surrounding surrogacy and assisted reproduction is complex and often unclear.

One of the main challenges of surrogacy and assisted reproduction in the UAE is the lack of clear legal guidelines. While surrogacy is not explicitly prohibited by UAE law, there are no specific laws governing the practice either. This means that surrogacy arrangements are often made on an ad hoc basis, with little legal protection for either the intended parents or the surrogate mother.

Another challenge of surrogacy and assisted reproduction in the UAE is the cultural and religious attitudes towards these practices. In many parts of the UAE, there is a strong emphasis on traditional family structures and the importance of biological ties. This can make it difficult for couples who are unable to conceive naturally to seek out surrogacy or other forms of assisted reproduction, as they may face social stigma or disapproval.

In addition to these cultural and legal challenges, there are also a number of risks associated with surrogacy and assisted reproduction in the UAE. One of the biggest risks is the potential for exploitation of surrogate mothers. Without clear legal guidelines and protections, surrogate mothers may be vulnerable to exploitation by intended parents or surrogacy agencies. This can include being paid inadequate compensation, being forced to undergo medical procedures against their will, or being pressured to carry multiple pregnancies.

Another risk of surrogacy and assisted reproduction in the UAE is the potential for legal disputes. Without clear legal guidelines, disputes can arise between intended parents and surrogate mothers over issues such as custody, compensation, or medical decisions. These disputes can be difficult to resolve, particularly if the parties involved come from different cultural or religious backgrounds.

Despite these challenges and risks, many couples in the UAE continue to pursue surrogacy and assisted reproduction as a means of starting a family. To mitigate some of the risks associated with these practices, it is important for intended parents to work with reputable surrogacy agencies and to seek out legal advice before entering into any surrogacy arrangements. It is also important for the UAE government to develop clear legal guidelines around surrogacy and assisted reproduction, in order to protect the rights of all parties involved.

In conclusion, surrogacy and assisted reproduction are complex and often challenging practices, particularly in the UAE where the legal landscape is unclear and cultural attitudes towards these practices can be restrictive. However, with the right support and legal protections in place, these methods of reproduction can provide hope and opportunity for couples struggling with infertility or other reproductive issues. It is important for intended parents, surrogates, and the UAE government to work together to ensure that surrogacy and assisted reproduction are conducted in a safe, ethical, and legally sound manner.

Future of Surrogacy and Assisted Reproduction Laws in the UAE

Surrogacy and assisted reproduction have become increasingly popular in recent years, with many couples and individuals turning to these methods to start a family. However, the legal considerations surrounding surrogacy and assisted reproduction can be complex, particularly in the United Arab Emirates (UAE).

Currently, surrogacy is not legal in the UAE, and there are no specific laws governing assisted reproduction. This means that couples and individuals who wish to pursue these methods must navigate a legal grey area, which can be challenging and risky.

However, there are indications that the UAE may be moving towards a more progressive stance on surrogacy and assisted reproduction. In 2019, the UAE Cabinet approved a draft law on medical assistance for reproduction, which would regulate the use of assisted reproduction techniques such as in vitro fertilization (IVF) and sperm and egg donation.

The draft law also includes provisions for surrogacy, although it is not yet clear what form these provisions will take. It is possible that the law will allow for altruistic surrogacy, where a woman carries a child for another person or couple without receiving payment. However, commercial surrogacy, where a woman is paid to carry a child, is unlikely to be legalized.

The draft law is currently being reviewed by the UAE Federal National Council, and it is not yet clear when it will be passed into law. However, the fact that the UAE is considering legislation on assisted reproduction and surrogacy is a positive step towards providing legal clarity and protection for those who wish to pursue these methods.

If the law is passed, it will provide a framework for assisted reproduction and surrogacy in the UAE, which will be a significant development for couples and individuals who are struggling with infertility or other reproductive issues. It will also provide protection for surrogates and donors, ensuring that they are not exploited or mistreated.

However, there are likely to be some challenges in implementing the law. For example, there may be cultural and religious objections to surrogacy and assisted reproduction, which could make it difficult to gain widespread acceptance for these methods.

There may also be practical challenges, such as ensuring that clinics and medical professionals are properly trained and equipped to provide these services. Additionally, there may be issues around the regulation of surrogacy and assisted reproduction, particularly if the law allows for altruistic surrogacy, which could be difficult to monitor and enforce.

Despite these challenges, the potential benefits of legalizing surrogacy and assisted reproduction in the UAE are significant. For couples and individuals who are struggling with infertility or other reproductive issues, these methods can provide a way to start a family and fulfill their dreams of parenthood.

Legalizing surrogacy and assisted reproduction will also provide protection for surrogates and donors, ensuring that they are not exploited or mistreated. It will also provide a framework for clinics and medical professionals to provide these services safely and ethically.

In conclusion, the future of surrogacy and assisted reproduction laws in the UAE is uncertain, but there are indications that the country may be moving towards a more progressive stance on these methods. If the draft law on medical assistance for reproduction is passed, it will provide a framework for assisted reproduction and surrogacy in the UAE, which will be a significant development for couples and individuals who are struggling with infertility or other reproductive issues. While there may be challenges in implementing the law, the potential benefits of legalizing surrogacy and assisted reproduction are significant, and could provide a way for many people to start a family and fulfill their dreams of parenthood.

Conclusion

In conclusion, surrogacy and assisted reproduction in the UAE are subject to strict legal considerations. While surrogacy is legal in certain circumstances, such as for married couples who are unable to conceive, it is heavily regulated and requires the approval of the Sharia court. Assisted reproduction is also legal, but only for married couples and with the consent of both partners. It is important for individuals considering surrogacy or assisted reproduction in the UAE to fully understand the legal requirements and seek professional guidance to ensure compliance with the law.