The UAE's Stance on IVF and Assisted Reproduction: Key Legal Developments

The UAE has taken significant steps to regulate and modernize its approach to assisted reproduction through the recent amendment of its existing laws. Federal Decree Law No. 17 of 2023, issued on September 15, 2023, amends Federal Law No. 7 of 2019, thereby introducing a range of important changes in the field of medically assisted reproduction. This article explores the major updates and implications of these legal changes.

Key Changes in the Amended Law

The amended law introduces greater flexibility and options for couples seeking medically assisted reproduction techniques. One of the most notable changes is the inclusion of unmarried non-Muslim couples, who can now avail themselves of these techniques without the previously required marriage certificate. Instead, these couples must submit a declaration outlining the child’s parentage and obtain approval from the relevant entity in the country of the parent's nationality.

Other significant amendments include:

1. Removal of Article 14. This article previously dealt with the prohibitions on using eggs and sperms.

2. Deletion of Article 17. This article had restricted the import and export of sperm/egg samples.

3. Changes to Article 13. Clause 2 now mandates the destruction of unfertilized eggs and sperms in the event of one spouse’s death, in addition to the existing conditions of destruction upon request or expiration of the preservation period.

Surrogacy and Other Prohibited Practices

The law has also made substantial changes to the regulations surrounding surrogacy. Most of Article 9, which detailed prohibited practices, has been significantly limited. Specifically, the removal of clause 4 of Article 9, which prohibited the external fertilization of a sperm and egg followed by implantation into another woman’s uterus, suggests that surrogacy may now be permissible. However, it remains prohibited to use anonymous sperm or egg donors.

Requirements for Medically Assisted Reproduction

The updated Article 8 outlines the conditions for conducting medically assisted reproduction techniques in the UAE:

1. Medical Suitability. Reproductive centers must provide evidence that assisted reproduction is the most suitable method after unsuccessful natural reproduction attempts.

2. Documentation. Couples must submit an official document proving continuous marital relations, except for non-Muslim couples.

3. Consent. Both parties must provide written consent for the procedure, to be carried out with both present.

4. Health Assessment. A specialist must certify that there is no significant risk to the mother or baby.

5. Licensed Professionals. Procedures must be conducted by licensed doctors.

6. Comprehensive Information. Couples must receive detailed explanations of the chosen technique, its stages, potential side effects, costs, and realistic success probabilities.

7. Presence During Procedure. Fertilization and implantation processes must occur with both parties present.

Licensing and Regulation

The amended law also introduces more flexibility in licensing and regulating practices. Each emirate is now granted the authority to regulate assisted reproduction practices through local legislation. In the absence of local legislation, the Medically Assisted Reproduction law’s regulations continue to apply. Notably, the amendment deleted Article 6, which outlined specific licensing conditions, and added a new provision (Article 7) allowing local health authorities to include new reproductive techniques.

Summary of Key Changes

- Inclusivity. Unmarried non-Muslim couples can now undergo IVF.

- Flexibility in Sample Handling. It is now permissible to import and export sperm/egg samples.

- Surrogacy. The removal of specific prohibitions suggests that surrogacy is now allowed.

- Anonymous Donations. The prohibition on anonymous sperm and egg donations remains in place.

- Innovative Techniques. The law’s open licensing regulations may lead to the introduction of more innovative reproductive techniques in the future.

In conclusion, the UAE's updated legal framework for medically assisted reproduction reflects a progressive stance, providing more options and greater flexibility for couples, while maintaining stringent regulatory standards to ensure the safety and efficacy of assisted reproduction techniques.

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