New Abortions Law in the UAE

Tim Elliott
Welcome to Lawgical, the first regular legal podcast from the UAE. I’m Tim Elliott, and I’m here with our expert, Managing Partner of the Dubai-based legal firm HPL Yamalova & Plewka, Ludmila Yamalova. Ludmila, good to see you.

Ludmila Yamalova
Good to be here with you, Tim, as always.

Tim Elliott
In this episode, we’re discussing significant legal changes that could impact life here in the UAE. Specifically, we’re diving into the major news about the liberalization of abortion laws in the UAE. Ludmila, this is some announcement. Can you start by giving us the details of this big news?

Ludmila Yamalova
Absolutely, Tim. The UAE has recently introduced a new resolution—Cabinet Resolution No. 44 of 2024. This resolution, effective June 21, 2024, significantly liberalizes the country’s stance on abortion. It expands the circumstances under which abortion is now permissible.

Tim Elliott
It sounds like a major shift. What were the previous laws surrounding abortion?

Ludmila Yamalova
Before this resolution, the UAE’s abortion laws were governed by Federal Decree Law No. 4 of 2016, also known as the Medical Liability Law. Under this law, abortion was highly restricted, permitted only under two specific circumstances:

1. If the pregnancy posed a serious threat to the mother’s life.
2. In cases of severe fetal abnormalities confirmed by medical reports, provided the pregnancy had not exceeded 120 days.

These restrictions excluded cases like pregnancies resulting from rape or incest.

Tim Elliott
So, the UAE’s stance before these legislative amendments was quite restrictive?

Ludmila Yamalova
Yes, very restrictive. It reflected both legal and cultural norms heavily influenced by Islamic teachings. Although the Quran does not explicitly mention abortion, interpretations by Islamic scholars formed the basis of the legal framework. Generally, abortion was only permissible to protect the mother’s life or in cases of severe fetal abnormalities, and even then, only within the first 120 days of pregnancy.

Tim Elliott
What are the new permissible cases under this resolution?

Ludmila Yamalova
The resolution introduces three additional scenarios, increasing the grounds for legal abortion to five:

1. Non-consensual pregnancy: If the pregnancy is the result of non-consensual sex, including rape.
2. Incestuous pregnancy: If the pregnancy is caused by a family member, such as a father, brother, uncle, or grandfather.
3. Spousal request: Abortion is now allowed at the request of both spouses, subject to approval from a specialized medical committee.

Tim Elliott
That’s a significant expansion. How does this resolution aim to protect women?

Ludmila Yamalova
The resolution has two primary objectives:

1. To protect women’s health, safety, and stability. By clarifying the conditions and procedures for legal abortions, women no longer need to seek unsafe or illegal alternatives. Licensed medical facilities now provide regulated services.
2. To curb illegal and unsafe abortion practices. A clear legal framework ensures safer, regulated procedures, reducing the risk of dangerous, underground options.

Tim Elliott
What are the conditions that must be met for an abortion under this new law?

Ludmila Yamalova
The law outlines nine key conditions:

1. The medical facility must be licensed to perform abortions.
2. The abortion must be performed by a specialist in obstetrics or gynecology.
3. The procedure must not endanger the pregnant woman’s life.
4. Abortions must occur within the first 120 days of pregnancy.
5. Written consent from the pregnant woman is required, except in emergencies. If the woman cannot provide consent, the husband or her guardian may do so.
6. Non-Emirati women must have valid residency in the UAE for at least one year.
7. Detailed medical reports on the pregnancy and abortion must be provided.
8. The procedure requires approval from a medical committee.
9. Women must receive medical and social consultation before and after the procedure.

Tim Elliott
It’s a protective framework. Can you explain the role of the medical committees mentioned in Article 6?

Ludmila Yamalova
Article 6 mandates the creation of medical committees under each Emirate’s health authority. These committees, consisting of at least three doctors (including an obstetrics or gynecology specialist), review abortion requests to approve or reject them based on medical reasoning. Their decisions must be substantiated and supported by detailed written reports.

Tim Elliott
What criteria will these committees likely consider?

Ludmila Yamalova
The committees will likely consider:

1. Medical necessity: Whether the pregnancy poses a significant risk to the mother’s life or health.
2. Fetal health: Severe abnormalities confirmed by medical reports.
3. Circumstances of conception: Cases of non-consensual sex or incest.
4. Spousal agreement: Ensuring both spouses consent in relevant cases.
5. Legal compliance: Ensuring all conditions outlined in the resolution are met, such as residency and gestational limits.

Tim Elliott
Are there requirements regarding a couple’s marital status for spousal-requested abortions?

Ludmila Yamalova
Yes, the resolution specifies that spousal requests must come from legally married couples. Couples who are not legally married cannot request an abortion based on mutual consent alone; they would need to meet other permissible criteria outlined in the resolution.

Tim Elliott
Have the medical committees already been formed?

Ludmila Yamalova
The law is very new, and while the formation of these committees is mandated, it’s unclear if they’ve been established yet. Each Emirate’s health authority is responsible for their creation, so the implementation process is likely still ongoing.

Tim Elliott
How significant is this change for the UAE?

Ludmila Yamalova
It’s a monumental shift in the UAE’s approach to reproductive health, balancing progressive legal reforms with cultural and religious values. By addressing unsafe abortion practices and expanding women’s rights, the UAE is modernizing its legal framework and improving overall health and safety.

Tim Elliott
Before we wrap up, could you summarize the main points and their significance?

Ludmila Yamalova
Certainly. The key takeaways are:

1. Expanded permissible cases: Abortions are now allowed in three additional scenarios—non-consensual pregnancies, incestuous pregnancies, and spousal requests.
2. Medical committees: These committees ensure abortion requests are evaluated with medical and ethical oversight.
3. Clear conditions: Nine specific conditions ensure abortions are safe and legal.

This resolution is a progressive step towards enhancing women’s rights and addressing complex social and medical realities. It also sets a framework for safer practices, reflecting the UAE’s commitment to modernizing its laws.

Tim Elliott
That’s another episode of Lawgical, highlighting Cabinet Resolution No. 44 of 2024—a landmark development in the UAE’s legal landscape. Thank you for listening and a big thanks to our legal expert, Ludmila Yamalova.

Ludmila Yamalova
Always a pleasure, Tim.

Tim Elliott
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