Tim Elliott
Welcome to Lawgical, the UAE’s first and still only regular legal podcast. My name is Tim Elliott, and as always, I’m here with our expert—managing partner of the Dubai-based legal firm HPL Yamalova & Plewka—Ludmila Yamalova. Lovely to see you.
Ludmila Yamalova
Great to see you too, Tim, as always. Thanks for being here.
Tim Elliott
In this episode of Lawgical, we’re diving into a fascinating topic: the new laws surrounding in vitro fertilization (IVF) and assisted reproduction. So let’s get straight into it. Ludmila, what’s the UAE’s stance on IVF or assisted reproduction? Is there a specific law regulating it?
Ludmila Yamalova
Yes, there is. The initial law was introduced in 2019—Federal Law Number 7 of 2019, known as the Medically Assisted Reproduction Law. This was the UAE’s first official legislative framework specifically addressing assisted reproduction. That law was recently amended in September 2023 with Federal Law Number 17. So currently, we rely on these two laws together—the 2019 law and the more recent 2023 amendment—which outline the rights, obligations, limitations, and conditions for medically assisted reproduction in the UAE.
Tim Elliott
The recent amendment is only a few months old. Can you walk us through the most notable changes?
Ludmila Yamalova
Certainly. The amendments introduce more flexibility and options for couples seeking assisted reproduction. One of the most significant changes is that previously, only married couples were allowed to access these services, meaning they had to provide a marriage certificate for treatment or even consultation. The new law now permits unmarried, non-Muslim couples to avail themselves of medically assisted reproduction techniques. So now, unmarried couples can proceed without a marriage certificate, though this applies only to non-Muslim couples.
For these unmarried couples, however, there are certain conditions. They must submit a declaration that outlines the child’s parentage—specifically, which parent’s nationality the child will assume. This declaration must also be attested by the relevant authority in the parent’s home country. This provision makes sense given the diverse demographics in the UAE, where many couples are of mixed nationalities, religions, and backgrounds.
Tim Elliott
Are there any other major amendments?
Ludmila Yamalova
Yes, another significant change concerns Article 14, which previously restricted the use of eggs and sperm. Freezing eggs or sperm was not allowed, and neither was importing or exporting these samples. The new amendment removes these restrictions, allowing couples to freeze eggs and sperm and transport them in and out of the country, which is a major development for those who may seek treatment across different countries.
Additionally, Article 13, Clause 2 now includes a provision that requires unfertilized eggs and sperm to be destroyed in the event of the death of one partner. Previously, destruction was only required if requested by the parties or if the preservation contract expired.
Tim Elliott
I also noticed a major change regarding surrogacy. Can you elaborate on that?
Ludmila Yamalova
Yes, you’re absolutely right. This is a significant development. In the previous law, Article 9 explicitly prohibited surrogacy, with strict language around the practice. The new amendment removes Clause 4 of Article 9, which previously banned the fertilization of an egg and implantation into a surrogate’s uterus. Now, this clause has been removed entirely, suggesting that surrogacy is no longer explicitly prohibited. This change could be a game-changer for couples in the UAE who previously had to go abroad for surrogacy options.
However, it’s worth noting that the law still prohibits the use of anonymous sperm or egg donors, meaning the identity of the donor must be known.
Tim Elliott
What are the requirements or conditions for couples in the UAE to pursue medically assisted reproduction techniques?
Ludmila Yamalova
There are specific conditions outlined in Article 8 of the law that the reproductive centers must follow. Key conditions include:
- Couples must demonstrate that medically assisted reproduction is the most suitable method for them, supported by medical evidence showing natural reproduction has not been successful.
- Muslim couples must submit an official document showing the continuity of marriage, while this requirement doesn’t apply to non-Muslim couples under the new law.
- Both partners must provide written consent for the procedure at the specific clinic.
- A certificate from a specialist confirming there’s no serious health risk to the mother or child is required.
- The treatment must be conducted by licensed doctors in authorized centers.
- The clinic is obligated to give a detailed explanation of the chosen reproduction technique, including stages, potential side effects, and realistic success probabilities based on similar cases.
- Finally, the clinic must provide a complete financial cost breakdown of the treatment, ensuring transparency for the couple.
Tim Elliott
Let’s talk about the licensing requirements in this industry. How does that work?
Ludmila Yamalova
The law establishes that this field is highly regulated, and previously it was overseen predominantly at the federal level. The 2023 amendment allows individual Emirates to have more flexibility to regulate and license reproductive techniques locally. Each Emirate can now develop its own regulations for these practices, which means that if any Emirate enacts its own reproductive legislation, there may be further changes.
Additionally, local health authorities now have the discretion to introduce new medically assisted reproductive techniques, giving clinics the opportunity to adopt the latest innovations in assisted reproduction. This update is significant as the UAE is very progressive and eager to adopt new medical advancements.
Tim Elliott
It sounds like we may need to revisit this topic as these changes develop further! In conclusion, what are the key takeaways from the updated law?
Ludmila Yamalova
The key takeaways are:
- Unmarried, non-Muslim couples can now undergo IVF in the UAE.
- The law now allows the import and export of sperm or egg samples.
- Surrogacy is now implicitly permitted for non-Muslim couples, though anonymous egg and sperm donations remain prohibited.
- We can anticipate more innovations in reproductive techniques and more clinics as Emirates introduce local regulations and licensing options.
Tim Elliott
That’s another edition of Lawgical, covering recent changes in the UAE’s IVF and assisted reproduction regulations. Thanks, as always, to our legal expert, managing partner at Yamalova & Plewka, Ludmila Yamalova. Thank you for sharing your expertise once again.
Ludmila Yamalova
Thank you, Tim. Always a pleasure to speak with you.
Tim Elliott
You can find us at LYLaw on social media—Facebook, Instagram, TikTok, LinkedIn. All our podcasts are free at lylawyers.com. If you’d like your legal question answered in a future episode of Lawgical, or if you’d like to speak with a qualified UAE legal professional, click “Contact” on lylawyers.com.
