Surrogacy in the UAE: What the Law Actually Allows

Welcome back to Lawgical with Ludmila, where we untangle the legal knots so that you do not have to. I am Ludmila Yamalova, a US-qualified lawyer based in Dubai. In each episode, we break down complex law into clear, practical insights that you can actually use.

In today’s episode, we are talking about surrogacy in the UAE. Since 2023, headlines have suggested that surrogacy is now legal here in the country. Clinics and agencies advertise these services, and more couples are considering the option. But what does the law actually say about it? Does it allow it? Who qualifies? How much does it cost? And who is legally recognized as the child’s parent?

The answers are not as straightforward as some advertisements suggest. They are a lot more nuanced. Most importantly, from a legal standpoint, the legal framework itself is still developing, with important differences between emirates and significant legal and financial considerations. So let us unpack it.

What Changed in 2023

Let us start with the change. What actually changed, and when did it change?

Until 2023, as we have covered in previous episodes, the prohibition against surrogacy was fairly explicit. In other words, surrogacy was expressly prohibited under UAE federal law: Federal Law No. 7 of 2019 on Medically Assisted Reproduction.

In 2023, a new law came out: Federal Decree-Law No. 17 of 2023. It amended certain parts of the previous law, Federal Law No. 7 of 2019. In relevant terms, it removed the express prohibition against implanting a couple’s fertilized embryo into another woman.

But removing the prohibition is not the same as creating a complete regulatory framework. That amendment did not establish a comprehensive rulebook for surrogacy contracts, compensation, the rights of the surrogate, or legal parentage.

As a result, individual emirates were left to regulate assisted reproduction within federal limits. We have a legal framework that underpins the entire country at the federal level, where the express prohibition has been removed, but specific details or regulations were not introduced through that amendment, either at the federal or emirate level. The emirates were left to regulate this specific space on their own.

At present, Abu Dhabi has the most established, if not the only established, operational framework for what is called gestational surrogacy. We have identified a specific legal framework in Abu Dhabi, but no similar frameworks in other emirates, including Dubai. I will touch on this more as we go through the episode.

The removal of the federal ban does not automatically authorize surrogacy at every UAE fertility clinic. As we know, the country comprises seven emirates. At the country level, there is a legal framework that no longer makes it illegal. But because regulation is so emirate-driven, this does not mean that any clinic or fertility clinic in any emirate is allowed or authorized to offer these services.

Without a specific regulatory framework at the emirate level, a legal gap exists. This should not be confused with a presumption that any existing fertility clinic may legally offer the service. I will delve into this further as we go through the process.

Gestational and Traditional Surrogacy

Let us discuss what is permitted from a legal standpoint. Remember, we have these two elements: federal law and the Abu Dhabi regulations.

There are two main types of surrogacy:

1. Gestational surrogacy. An embryo is created using the intended couple’s egg and sperm and is carried by another woman. That woman has no genetic connection to the child. This is the type relevant to the UAE.
2. Traditional surrogacy. The surrogate’s own egg is used, making her the child’s genetic mother.

Under the existing UAE federal restrictions, only gestational surrogacy using the intended couple’s genetic material has a potential lawful pathway.

That is because, under federal law, particularly Article 9, there is a continuing express prohibition against donor eggs and donor sperm in the relevant circumstances. In other words, the use of donor eggs and donor sperm remains expressly disallowed under federal law.

We will be discussing Abu Dhabi because, for the time being, it is the only emirate with a regulatory framework layered onto federal law. Abu Dhabi cannot vary the fundamental, foundational principles of federal law. In this example, the Abu Dhabi regulations cannot allow surrogacy involving a donor egg or donor sperm.

Penalties for Violating the Federal Restrictions

To highlight the importance of this restriction, the federal law has an article specifically outlining the penalties and consequences, which are quite serious if the law is violated.

For example, Article 26 clearly states that violating Article 9 can attract, among other things, imprisonment of two to five years and/or fines ranging from AED 500,000 to AED 1 million.

Let me zero in on that. Surrogacy in the UAE is only contemplated for intended parents who are the genetic parents. The sperm and egg must come from the intended couple, who must be genetically linked to the child. Donor eggs or donor sperm cannot be used. A violation can attract imprisonment of two to five years and/or fines of AED 500,000 to AED 1 million. These are quite severe consequences.

I want to highlight this because, as we have often discussed in previous episodes, the UAE’s legal framework and legal system continue to progress and evolve quite rapidly. Often, the changes seem significant. As a result, there is an assumption or belief that the UAE has suddenly become extremely open or flexible in one area or another.

Surrogacy is one such example. Until just three years ago, in 2023, it was specifically and expressly prohibited. Now it is no longer expressly prohibited, but that does not mean it is allowed to the fullest extent or is as flexible or open as one might expect in a jurisdiction that has had surrogacy laws for much longer.

The penalties attached to violations of specific provisions illustrate the limits of legislative progress. I highlight this because we have discussed similar assumptions in other areas, including drugs and pharmaceuticals. Once again, there can be a belief that the UAE has completely opened up. That is not so.

It is progressing and growing. As we go through this episode, I will highlight points where, in some ways, these changes in the UAE, particularly on this topic, are even more progressive, forward-thinking, and perhaps more logical and reassuring than in other, more established jurisdictions. At the same time, other aspects of the same area still have very specific prohibitions, exceptions, and limitations.

The Three Layers of the Legal Framework

The legal framework for UAE surrogacy sits on three layers. We are not just talking about the process of surrogacy itself. There are long-lasting, lifelong issues, including custody, lineage, parentage, and inheritance. We will get to those.

There are three different categories of legislative sources.

Federal Fertility Law

At the federal level, we have the original Federal Law No. 7 of 2019 on Medically Assisted Reproduction, as amended in 2023, and its corresponding executive regulations.

This federal law governs fertility centers. Ultimately, it is less about the couples or people involved and more about regulating the fertility centers themselves. For example, it deals with:

• Licensing fertility centers.
• Permitted techniques used by the centers.
• Prohibited practices.
• Criminal penalties.

It applies across the country, including free zones. This is federal law that applies throughout the UAE, irrespective of the free zone.

Emirate Rules and Health Authority Standards

Then we have emirate-specific rules: local legislation and health authority standards, such as the Abu Dhabi surrogacy standard.

With regard to surrogacy, Abu Dhabi is, for now, not only the leading example but perhaps the only example so far. These standards govern how surrogacy is actually delivered. It is a complicated process that unfolds over time and is quite nuanced. I will delve into that shortly.

These emirate-specific standards, such as the Abu Dhabi surrogacy standard, cannot override the federal laws at the core of the framework. Under Article 2(2) of the federal law, the emirate-specific rules cannot override the federal core in Articles 6 to 14 and Article 17. We have already discussed examples of those federal limitations.

Personal Status Law

So we have federal law, Abu Dhabi law, and personal status law. I have done a number of episodes on personal status law. This is the body of law that regulates matters connected with religion, including Muslim and non-Muslim regimes. It also governs lineage, parentage, custody, inheritance, and so forth. It is therefore very much applicable to surrogacy.

In summary, we have federal law, emirate-specific laws, and personal status laws, which themselves exist at both federal and emirate levels. Depending on where a particular couple resides, different personal status laws may govern.

That third layer, personal status law, matters quite a bit because, as mentioned earlier, fertility law regulates clinics. It does not regulate parentage, the contract between the parties, or citizenship.

For the time being, there are potentially still gaps between these different laws. That is to be expected because the law is evolving so rapidly. Some time will pass before these different bodies of law become more interconnected and some of those gaps are closed.

A Closer Look at the 2023 Amendment

Let us look more specifically at the 2023 change, because it is significant. If it were not for that change, I would not be doing this episode.

I covered the law when it was introduced in 2019. I also covered the change to some extent in 2023. Now, considerably more time has passed, and we have seen the evolution of emirate-specific regulation. It makes sense to return to the big change that allowed us to reopen this topic and have this episode in the first place.

By way of reminder, before 2023, Article 9 expressly banned implanting a couple’s embryo in another woman, even another wife of the same husband. It allowed fertilization only within an existing marriage.

You could undergo IVF and similar procedures, which was itself already a progressive step for the UAE compared with the laws before then. But any fertilization techniques were only allowed within the actual married couple.

In 2023, the amendment replaced Article 9. Some prohibitions remain, but they are much more limited. It prohibits three things. In the interest of precision, Article 9 provides that, without prejudice to Article 8(2) of the law, fertility centers are prohibited from the following while practicing medically assisted reproduction:

1. Performing fertilization between sperm obtained from the husband and an egg taken from a woman other than his wife. This is what we discussed: a donor egg.
2. Performing fertilization between an egg taken from the wife and sperm obtained from a man other than her husband. Here, we are talking about donor sperm.
3. Any other cases decided by the Cabinet.

In simple terms, prohibition one concerns donor eggs; prohibition two concerns donor sperm; and prohibition three concerns other cases that the law may specifically mandate.

In practical terms, carrying a couple’s embryo, created from those two people’s genetic material, is no longer expressly prohibited. Each emirate can regulate it within federal limits. Donor eggs and donor sperm remain prohibited.

Unmarried Couples

Another big change concerns unmarried couples, who are no longer excluded from this law. The previous version of Article 9 had a specific exclusion for unmarried couples. That exclusion no longer exists.

At the federal level, under Article 8(2), non-Muslim couples without a marriage certificate may apply for fertility treatment if they file an acknowledgment attributing the child’s lineage to one of them, certified by the authority of the child’s future nationality. That does not, by itself, settle their eligibility under Abu Dhabi’s surrogacy standard, which I will discuss shortly. We have covered this subject in other episodes.

That is what the new law sets out.

Federal Rules That Still Apply

What did the current law not change, in relevant terms, for surrogacy? Three federal rules still apply:

1. Only the couple’s own gametes may be used. This also rules out traditional surrogacy, because the surrogate’s egg is, by definition, an egg taken from a woman other than the wife.
2. Only licensed centers may perform the procedure. Under Article 7, the procedure must take place in a center licensed for it. Just because the law no longer has a prohibition, you cannot assume that any fertility center can offer the service. It needs to be specifically licensed. At this point, Abu Dhabi is the only emirate where we have identified an equivalent published operational framework for surrogacy.
3. No commercial use of gametes. Under Article 14(1), centers may not use eggs, embryos, or sperm for commercial purposes. People interested in this subject may be familiar with clinics in other countries where a man or woman can donate sperm or an egg for money. That is a commercial purpose, and it is not allowed in the UAE.

Abu Dhabi and the Available Pathway

Let us return to what is effectively possible in the UAE today. Today, it is really just the Emirate of Abu Dhabi that has a legal, regulatory, and procedural framework setting out a surrogacy roadmap within the definitions and limitations I have outlined.

That framework is set out by the Department of Health through its Standard for Gestational Surrogacy. Each emirate has its own health authority, and Abu Dhabi’s Department of Health introduced specific standards for gestational surrogacy.

The standard has already been amended a few times. That is another sign of how rapidly, or how closely, the Department of Health remains in tune with this area, amending the standards on an ongoing basis in response, we can only presume, to the population’s actual needs.

At present, there is a second version, Version 2, which was introduced only in April 2026, this year. It is quite recent and applies to Department of Health-licensed hospitals and clinics authorized to offer surrogacy.

Remember, under Abu Dhabi’s Department of Health standards, every clinic offering surrogacy must be specifically licensed and authorized to provide it.

As mentioned earlier, this regulation or standard sits on top of Abu Dhabi’s own law: Abu Dhabi Law No. 17 of 2023, which should not be confused with the federal law.

Medical Need Rather Than Convenience

Under this Abu Dhabi legal framework, the program is designed for a recognized medical need rather than convenience. Even within Abu Dhabi, there are limits on who can benefit from surrogacy services.

Examples of recognized medical need include:

• An absent uterus.
• Conditions that make pregnancy dangerous.
• Repeated implantation failure.
• Pregnancy loss.

I want to pause here for a moment. We live in an age where women are more ambitious and often wait longer to have children. In some countries, it is common for women to opt for surrogacy because of work commitments or lifestyle choices.

In those countries, there may be a common, well-established legal and practical history allowing women to choose surrogacy irrespective of their medical conditions. In the UAE, and Abu Dhabi in particular, it remains very much limited to medical conditions.

Women cannot choose this service simply because it is easier, because their lifestyle makes pregnancy inconvenient, or because they would prefer someone else to carry their baby for physical or body-image reasons. That is not an option under the current standards.

Eligibility for the Intended Mother

Under the combined framework of federal law and Abu Dhabi regulation, there are specific guidelines, requirements, and conditions for the two women involved: the intended mother, whose egg is used, and the surrogate.

I hesitate to use the word “mother” for the surrogate. If time permits, I will share experiences from other countries where we have encountered very long, expensive, and painful legal battles involving that word alone.

Many people who choose surrogacy do not consider the surrogate a mother. They see her role as carrying the child, almost as a vessel. Even the choice of words means a great deal to many couples and families going through this process. What otherwise seems a simple word can be a loaded term.

For today’s discussion, keeping those experiences and cases in mind, I will try to use the terminology cautiously. We have the intended mother and the surrogate. We will simply call her the surrogate.

For the intended mother, there are the following requirements:

1. Age. The permitted age range is 18 to 47. Beyond 47, she does not qualify to undergo surrogacy.
2. A recognized medical indication. The intended mother, whose egg will be used, must have a recognized medical condition necessitating another woman carrying her baby.

As mentioned earlier, the medical reasons include an absent uterus, Asherman’s syndrome, repeated implantation failure, recurrent pregnancy loss, or a condition that otherwise puts her or the baby at risk of death. That is some of the language in the regulations.

That language requires medical assessment. For example, some women have severe fibroids. Fibroids are not themselves listed in the examples I have just given, and having fibroids or being older does not automatically establish eligibility. For a woman who has tried to conceive, has been pregnant several times, or has had repeated miscarriages, the medical professionals would need to assess her individual circumstances against the recognized indications.

In other words, a condition such as fibroids would need individual medical assessment rather than an assumption that it qualifies. If you compare an absent uterus with fibroids, there is obviously a big difference between those medical conditions.

While the law gives specific examples of conditions that clearly qualify, it also has a catch-all provision that ultimately leaves the decision to the medical committee or medical professionals. I think that is welcome for many women.

From our professional experience, and also by virtue of my own age and the people around me, women and couples who ultimately want to pursue surrogacy tend to be older. As you get older, medical issues that might otherwise be benign can create complications.

It is reassuring for these families to know that the regulations contain language leaving the decision to medical professionals. Those professionals have the flexibility to determine whether otherwise benign medical conditions could potentially qualify the patient for surrogacy.

Another requirement is that the intended mother and her husband must be free of diseases that may be transmitted to the child. I think that is a sensible limitation. It might not necessarily exist in other jurisdictions, but here it is very clear.

To wrap this up, as I said earlier, surrogacy remains a medical solution rather than a lifestyle choice. It must be based on medical necessity rather than convenience. Those are the requirements for the intended mother.

Eligibility for the Surrogate

The surrogate also has specific eligibility requirements and limitations.

1. Age. She must be between 21 and 45. Interestingly, the intended mother’s range is 18 to 47, whereas the surrogate’s age bracket is narrower. Presumably, this is because you want someone with a little more life experience.
2. Body mass index. Her BMI must be between 19 and 30. This is a very specific requirement.
3. Pregnancy and birth history. She must have had at least one pregnancy, but no more than four births and no more than two cesarean sections.
4. Substance-use history. She must have no history of drug or alcohol abuse.
5. Evaluation. She must pass a full medical and psychological evaluation.

These are fairly specific limitations and regulations. I am not a doctor, but they seem logical and reasonable. From the perspective of someone who is not a medical doctor, I would say that these are sensible requirements and that it is good to have them in the law.

The Surrogacy Process

We now have the intended couple, the intended mother, and the surrogate. What does the process look like? There are several stages.

Evaluation and Medical Committee Review

First, the couple must undergo evaluation at an authorized fertility center or clinic. As discussed earlier, you need a couple, qualifying medical conditions, and a licensed clinic.

We are talking here specifically about Abu Dhabi. Its standards contain this level of detail, which is why they are so insightful and useful for people considering the service.

Under the standards, two consultants at the licensed clinic must sign a medical report for the Department of Health Medical Committee for Gestational Surrogacy, which decides medical necessity.

So we have a licensed clinic and specific consultants who examine the patient or couple and issue their decision or recommendation to the Department of Health’s specialized Medical Committee for Gestational Surrogacy.

Sourcing the Surrogate and Signing Documents

The surrogate must then be sourced through a Department of Health-approved agency. It is a very controlled, approved process.

We have an approved fertility center, a special Department of Health Medical Committee for Gestational Surrogacy, and a specifically approved agency that sources the surrogate. Multiple parties are involved.

Among these parties, notarized agreements must be signed, together with separate consent forms and acknowledgments, including documents from the surrogate’s husband if she is married. That is interesting: if the surrogate has a husband, his consent and specific documents must also be secured.

Approval and Treatment

The Department of Health committee validates all the documents and ultimately instructs the clinic to start within five working days. That is a tight timeline, and from a medical standpoint, the process needs to operate within a tight timeline.

Treatment must be through IVF only. I am sure those who have considered this process know exactly what I mean. It also requires:

• Mandatory embryo testing, specifically preimplantation genetic testing for aneuploidy (PGT-A).
• Only one embryo per transfer.

These are specific limitations: IVF only, mandatory testing, and one embryo per transfer.

The pregnancy is then managed at a Department of Health-approved maternity hospital. Remember, we have the UAE, then Abu Dhabi, and within Abu Dhabi, only a small number of licensed centers and hospitals where this surrogacy process can take place.

Birth and Registration

Having chosen the surrogate and gone through the process, we come to the birth. There are also costs and compensation, which I will discuss in greater depth shortly.

For now, what is important for the intended parents is that they must be physically present at the birth. That is a requirement. They are recognized as the legal parents, the surrogate renounces all rights, and the birth certificate is issued in the parents’ names.

I will discuss that process further because, as we know, issuing birth certificates in the UAE is specific and nuanced. I have done several episodes on birth certificates in different emirates. This is already a nuanced practice area, and surrogacy adds another dimension and layer.

As I explain the process, I also want to highlight that this is all very new. The process, regulations, and practice are evolving and developing before our eyes.

More time needs to pass before we can give specific examples of how things progress and what issues, risks, or problems may arise, particularly with birth certificates. For the time being, the roadmap appears designed to provide a smooth, streamlined process for issuing a birth certificate directly in the intended parents’ names.

Insurance and Medical Costs

The parents must also buy their own private health insurance for the surrogacy and pay whatever it does not cover. This is a major cost. Thiqa and other government-funded programs cannot be used.

It can be quite expensive because not all insurance in the UAE currently covers surrogacy or the medical process itself.

The Position in Dubai and Other Emirates

Before going into further practical details, I want to pause again and highlight that, for the time being, this framework exists only in Abu Dhabi.

From our research, the Dubai Health Authority has not yet published similar standards, circulars, or resolutions on surrogacy. We have not identified an equivalent published pathway in Dubai, Dubai Healthcare City, or the Northern Emirates.

For Dubai, under Article 2(2), the federal law applies unmodified. While surrogacy is not expressly prohibited, we have not identified a published operational pathway. There is no approval committee, licensing pathway, or birth-registration mechanism because there is no specific regulation layered onto federal law to provide a pathway or roadmap for surrogacy.

For UAE residents considering the process, Abu Dhabi is therefore the published working route. Dubai residents who qualify may look to Abu Dhabi, but they should first confirm that the Department of Health accepts Dubai residents.

Do not assume that taking up temporary residency in Abu Dhabi is required or, by itself, establishes eligibility. Before making relocation or treatment arrangements, obtain confirmation from the Department of Health and the authorized clinic.

Which Couples May Access Surrogacy

We have discussed who may access surrogacy and who may not. Let me summarize that again, with a few further details.

• Married couples. Yes. This is who the standard applies to, and the Abu Dhabi standard clearly refers to spouses.
• Unmarried non-Muslim couples. Possibly. Article 8(2) opens the door at the federal level, but the Abu Dhabi standard still speaks of spouses throughout. Its definition refers to “concerned individuals” or “spouses,” potentially leaving some room for argument, but not certainty. Federal law allows unmarried non-Muslim couples. Under the Abu Dhabi standard, this should be clarified with the clinic to ensure that the current reference to spouses does not exclude unmarried couples.
• Single individuals. Not allowed. A single person cannot provide both gametes, and donor gametes are barred. That is why single people do not qualify.
• Same-sex couples. No. The same bar applies, and UAE law does not recognize same-sex relationships.
• Married Muslim couples. Yes, under the standard. But lineage raises separate questions. This brings us to parentage, which I will discuss further.

Parentage and the Birth Certificate

Let us discuss a major topic: parentage. It is important for many reasons. I have had cases, including much more contentious cases in other jurisdictions, concerning this issue alone. Surrogacy as a subject remains legally fragile.

Parentage means identifying who the legal parent is. In Abu Dhabi, the birth certificate is issued in the intended parents’ names. In itself, that is significant progress and a good system and mechanism, at least on paper. How it will work in practice remains to be seen. We will have more to say when we see real examples.

Under the regulations, the intended mother is given her own medical record so that the newborn can be registered directly under her name. This is an administrative mechanism, rather than a provision in federal or Abu Dhabi law.

The standards issued by Abu Dhabi’s Department of Health clearly set out this route to issuing the birth certificate. At birth, when the baby is born, the intended mother is named on the birth certificate immediately.

I will compare this with other places so that we can appreciate how important and progressive this framework is for surrogacy. I had to research this further myself to appreciate the forward-thinking nature of this Abu Dhabi mechanism.

The Interaction with Personal Status Law

No federal personal status provision confirms this mechanism. This is where the other body of law I discussed earlier, personal status law, comes in.

No federal personal status provision confirms that the genetic mother, rather than the birth mother, is the legal mother in this surrogacy arrangement. The Abu Dhabi mechanism is administrative; it should not be treated as resolving every question under personal status law.

For example, under classical Islamic law, the mother is the woman who gives birth. This is where legal interpretation and evolution come into play. For Muslim families, lineage, or nasab, is governed by personal status law, which fertility law does not address.

At an intellectual level, there could potentially be bigger, more substantive issues concerning parentage, lineage, and related questions. Those questions are not addressed by medically assisted reproduction laws. They are also not addressed, or intended to be addressed, by the Abu Dhabi standards. They default to personal status law.

This is an area that will clearly continue to develop. We will cover more as we see specific examples.

Custody and Inheritance

Why is this relevant? So much can happen between the couple deciding to pursue surrogacy, the birth, and the period afterward. For example:

• ‍Divorce and custody. Questions may arise if maternity is later challenged.‍
• Inheritance. There are no detailed succession rules specifically for a child born through surrogacy.‍
• Foreign recognition. A home country may not recognize a UAE birth certificate naming the genetic mother if its own approach differs.‍
• Nationality. This follows parentage.

Many wider issues could potentially come into play. At present, however, the way the Abu Dhabi standard is set up could potentially reduce some practical uncertainty. It does not remove the personal status or foreign-recognition risks.

If the genetic mother appears immediately on the birth certificate and the surrogate is not named, that may reduce practical uncertainty. But it does not guarantee that maternity cannot later be challenged by the woman who gave birth or under the applicable personal status law.

Considering examples I have been familiar with and clients I have been involved with, the Abu Dhabi system could potentially limit some uncertainties concerning future inheritance and custody disputes between the surrogate and the genetic parents. Those questions still require separate legal consideration.

There would be one birth certificate listing the intended parents, without the surrogate named on it. That is an important starting point for documentation. It is not, however, a guarantee of the outcome of inheritance, custody, nationality, or foreign-recognition questions.

Divorce or Death During the Process

That said, a lot can happen between deciding to pursue surrogacy and the baby’s birth, including divorce or death. This is why I keep bringing in UAE personal status law: it can become particularly important.

What if one of the intended parents passes away during this period? What if the couple gets divorced? How will custody and inheritance be decided for these families? Those questions will ultimately default to the relevant personal status law, but you can see the complications and nuances that may arise.

In simple terms, my recommendation for couples considering this process is to make sure these possibilities are considered. As much as you may not want to think or talk about them, especially when beginning something as exciting as having a baby, they are important.

The last thing you want to discuss is death or divorce. But it is imperative that these issues are at least discussed, thought through, and potentially addressed in the documents and agreements signed among the different parties.

For couples planning to proceed, think through these topics and review every document that needs to be signed. Do not sign blindly. Build a complete file from day one, including the Department of Health approval, notarized agreement and consents, genetic test results, and home-country recognition documents. Make sure your paperwork is in order before entering the process, because once you are in it, it is not easy to unwind.

Birth Registration Compared with Other Jurisdictions

I want to focus further on parentage, lineage, and the birth certificate because birth registration is a nuanced process.

Abu Dhabi

As I said, Abu Dhabi’s Department of Health envisages approving the arrangement before treatment, including the birth-registration arrangement. The newborn is registered through the intended mother’s own medical record, with no court involvement. It is handled through the Department of Health.

Remember, the intended parents must be present at the birth. The process therefore appears intended to be fairly smooth: the parents are there, the baby is born, and the birth certificate or birth notification is issued at the Department of Health-licensed hospital directly in the intended parents’ names.

It happens at birth through administrative practice, with no need to go to court to change the birth certificate from the surrogate’s name to those of the intended or genetic parents.

That is no small thing, because other countries do not necessarily work that way.

The United States

Let us use the United States as an example. Surrogacy has existed there for much longer and is more developed, but there is no single standard practice. It depends on the state.

California. The intended parents are named on the birth certificate by virtue of a court order. A court issues a pre-birth parentage judgment, and the hospital names the intended parents directly. The decision is made before birth, but it is still made through a court order.

That is different from Abu Dhabi, where everything is lined up before birth and handled at the hospital without involving the court.

Illinois. This appears more similar to Abu Dhabi. No court is needed, and registration occurs at birth on the basis of a statute. The difference is that, in Abu Dhabi, the mechanism comes through Department of Health standards rather than a statute.

In Illinois, before birth, the lawyers for both sides and the doctors sign certificates under the Gestational Surrogacy Act. The hospital then names the intended parents directly. In practical terms, this is very similar to Abu Dhabi.

To return to California, although its decision is made before birth, it still requires a court order. These are among the more progressive US states concerning surrogacy and birth certificates.

New York. Here, too, the process takes place before birth through a court order effective at birth. New York introduced paid surrogacy only in 2021 under the Child-Parent Security Act. Under that Act, parents can obtain a judgment of parentage before birth. Again, a judgment means a court process.

Compare New York and California, with their court involvement, against Abu Dhabi, where the process is envisaged to work seamlessly. In many respects, it resembles any other couple giving birth and applying for a birth certificate through the hospital, where it is issued efficiently. That is how the process is anticipated to work in Abu Dhabi.

England and Wales

In England and Wales, the birth certificate is initially issued in the birth mother’s name. Changing it to the intended parents’ names requires a court order and takes weeks, sometimes months, after birth.

That is because the surrogate is the legal mother at birth. There is a major difference: Abu Dhabi’s administrative mechanism registers the intended, genetic mother at birth, whereas in England and Wales, the default legal mother is the surrogate.

The intended parents apply to the Family Court for a parental order, normally within six months, after which a new birth certificate is issued. Only expenses may be paid to the surrogate.

Canada and Ontario

In Canada, Ontario in particular, the system is perhaps more similar to Illinois. It operates shortly after birth by statute, based on a written preconception agreement and the surrogate’s consent after birth. The parents then register directly, with no court order needed.

Rules vary by province, and paying a surrogate beyond expenses is a federal crime. In both England and Wales and Canada, payment to the surrogate is heavily regulated. I will touch on that shortly.

Greece

In Greece, a court order is required before embryo transfer. The court authorizes the arrangement before the embryo is transferred, and the intended parents are registered as parents at birth.

Italy

Interestingly, in Italy, surrogacy remains a crime and, since 2024, even when it is carried out abroad. A foreign certificate naming the non-genetic mother is not transcribed in that respect. For the non-genetic parent, recognition can only be obtained through adoption.

Remember, as I mentioned earlier, surrogacy is not just about implanting an embryo into a surrogate and giving birth. It also concerns the consequences that follow throughout the couple’s and child’s lives. Much depends on their nationality, where the birth certificate is issued, their religion, and related factors.

The pattern is clear: in most other places, parentage is fixed through a court process or statute. In the UAE, for now, it rests on an administrative step. That is why the documentation in your file and recognition in your home country matter so much.

Compensation and the Contract

Let us discuss the money and the contract.

There have been suggestions in the news that the UAE only allows surrogacy on an altruistic basis. That is not quite accurate. That interpretation usually comes from Article 14(1), but that article concerns gametes and embryos, rather than payments to the carrier.

It refers to gametes or embryos, rather than payments to the person carrying the child. In other words, you cannot buy gametes or embryos, but there is no equivalent restriction on payment to the carrier of the embryo, the surrogate.

In fact, under Abu Dhabi’s Department of Health consent form, the parents undertake to pay the “agreed compensation and reimbursement.” The Department of Health expressly requires the intended parents to compensate and reimburse the surrogate for her time, healthcare, and participation.

The regulator itself therefore contemplates compensation. This is not merely assumed: compensation for the surrogate is expressly required.

What the regulations do not provide is a fee cap, a fee schedule, or rules on how payments should be staged or secured. Those matters are left to the contracts between the surrogate and intended parents, which deserve the same care as any high-value commercial deal.

The moral of the story for couples considering surrogacy is to be very cautious about the documents you sign. Take your time, be vigilant, and make sure that the different nuances, as you understand them and want them addressed, are actually included in the underlying documents.

The Documents in a Surrogacy Package

To give you more context, let us say the parents are ready to proceed. They have identified Abu Dhabi as the emirate and the hospital where they want to go through the process. This is where the legalese comes in: how is everything administered, and on what legal basis?

Recently, we reviewed a complete Abu Dhabi surrogacy package for a client. The structure is typical of the market and includes:

1. An agency agreement with the agency providing the service.
2. A surrogacy agreement with the surrogate carrier.
3. Various Department of Health consent forms.

The names in the client package remain confidential, but the commercial structure is instructive in showing what the roadmap anticipates and entails. Separately, there are questions about the contractual promise of anonymity, which I will discuss shortly.

The Agency Agreement

There is a specific agency that manages the overall process. It is separate from the clinic or hospital and from the Department of Health.

We therefore have the couple, the clinic, the agency, the Department of Health, and the surrogate: multiple parties. In short, the agency coordinates the whole process.

Under the wording of the agency agreement we reviewed, the agency does not act as a fiduciary, medical provider, or legal adviser. Despite its name, it does not assume an agent’s role in that sense. It is essentially a coordinator.

Among other things, it:

• Finds and screens the surrogate.
• Coordinates medical care.
• Handles the surrogate’s travel, visas, housing, and security.

The agreement we reviewed anticipates that a surrogate may be brought from abroad. This is not required by law, but that program contemplates it. The agency coordinates those arrangements.

Fees and Additional Costs

The intended couple pays the agency an all-inclusive fee, which can be significant. It is subject to negotiation and is contractual. As mentioned earlier, it is not mandated by law or statute; it is for the parties to negotiate.

Remember, the agency also coordinates medical care and expenses, so a substantial part of the fee presumably covers those medical expenses.

In the package we reviewed, the all-inclusive fee is around USD 260,000 for up to four embryo transfers. Each extra attempt costs AED 35,000.

So there is a fixed agency fee, then an additional cost for extra attempts. These are the terms of the package we reviewed, rather than fees set by law. There are also exclusions that cost extra, such as:

• Cesarean sections.
• Premature birth.
• Neonatal intensive care.
• Bespoke requests.

Those are additional charges.

Refunds and Other Notable Terms

Refund terms are something you must review. In the agreement we reviewed, there are no refunds in any circumstances, including a failed pregnancy or miscarriage.

This is very important. You could ultimately have paid hundreds of thousands of dollars and still not have a viable pregnancy.

Again, these are commercial agreements, and much is subject to negotiation. Some of the more notable terms we have seen include:

• No pause beyond three months. You cannot simply pause for six months or a year and restart later. After a three-month pause, the arrangement expires.
• Interest of 10% per month on late payments.
• Broad liability exclusions.
• No responsibility for parentage or citizenship outside the UAE.

These provisions exclude certain matters from what the agency controls or accepts responsibility for.

That is the agreement between the intended, genetic couple, whose embryo is involved, and the agency coordinating the process. It is separate from the agreement with the surrogate.

The Surrogacy Agreement

The surrogacy agreement is between the couple and the surrogate. The agency is not a party to it. It administers the agreement and every payment, but it is not an actual signatory.

In the examples we have seen, the agreement ends automatically after four transfers. Again, this is a high-level example of the agreement we reviewed.

The surrogate relocates to Abu Dhabi for this purpose, lives under strict rules, and leaves the UAE soon after birth, at least under the agreement we reviewed.

This presupposes that the surrogate is brought from outside the UAE specifically for the process. The agency provides housing, care, travel expenses, and management while she is in the country.

As mentioned earlier, the agreement also states that the surrogate will not be named on the birth certificate and will have no ongoing contact with the child. These are specific exclusions.

The Surrogate Payment Schedule

The agreement we reviewed contains a schedule of payments to the surrogate. It includes:

• USD 500 at embryo transfer.
• USD 700 when pregnancy is confirmed at seven to eight weeks.
• USD 700 per month from confirmation, for up to nine months.
• A clothing allowance of USD 700 at week 31.
• USD 24,000 on delivery of a single baby at 37 weeks or more.
• USD 26,000 for twins at 34 weeks or more.
• An additional USD 1,500 for a medically required cesarean section.
• USD 5,000 for loss of the uterus or fertility, and USD 3,000 to USD 4,000 for a no-fault loss between weeks 16 and 28.

Ultimately, for a single full-term baby, the surrogate receives roughly USD 32,000, about one-eighth of the package price. The rest of the overall amount covers medical care, logistics, and the agency.

It is an expensive process, but for parents who can afford it, it is certainly a great opportunity.

The Surrogate Living Arrangements

What I found particularly interesting is that the contract, together with the agency’s coordination, sets a tight framework for the surrogate’s life during the program.

A couple looking for a surrogate naturally has very specific questions: Where does she come from? Who is she? What is her lifestyle? How will she live while carrying their baby?

As mentioned earlier, there is no law requiring the surrogate to come from outside the UAE. In the program we examined, however, the surrogate was brought from abroad and housed in Abu Dhabi at the intended parents’ expense through the agency. There is no regulation specifying nationality or residency in this context. The agency arranges her travel, visa, and accommodation.

There are more nuanced questions about her ability to travel and whether she can leave the country. There are limitations in the contract, but a contract is just that. How, for example, would the agency ensure that the surrogate does not leave?

If she has been brought into the UAE and is not based here, she could get on a flight and go home. Presumably, the agency would need some mechanism to address that. We are talking about a stay of approximately ten months.

Questions include how she is sponsored, who the sponsor is, and, if she has a husband in her home country, how his consent is obtained, particularly if he remains abroad. Many questions still need to be addressed.

Where does she live during this process? Not with the couple. She lives in accommodation arranged by the agency, with transport, security, and daily support.

Under the agreement we reviewed, the parents may not contact her outside the agency’s framework. She has dedicated accommodation under the agency’s supervision.

Anonymity and Confidentiality

The contract promises anonymity: the parents are identified by initials only, and all communication runs through the agency. To be honest, there are aspects of that promise I find difficult to reconcile with the process. If the parents must be present on the delivery date, it is difficult to imagine how they would not meet the surrogate.

There are also agreements that must be signed and notarized between the couple and the surrogate. The Department of Health consent forms list everyone’s names, Emirates ID details, and passport numbers. A notary identifies every signatory, so an agreement naming the parents by initials alone may not pass notarization.

The contract imposes a penalty of AED 20,000 if the surrogate tries to identify the parents. But full anonymity is not guaranteed. There is some discrepancy between that promise and the identification requirements, which matters particularly for a high-profile family.

There is certainly an intention to maintain separation between the surrogate, the baby, and the intended parents. Presumably, this is intended to protect the interests of the baby and the intended parents.

Lifestyle Rules and Contractual Penalties

How strict are the lifestyle rules? I found this interesting because the surrogacy contracts spell out what the surrogate can and cannot do during this time quite clearly.

For example, she must:

• Follow doctors’ instructions and UAE national nutrition guidelines.
• Avoid alcohol, nicotine, drugs, and unapproved medication.
• Avoid hazardous activities.
• Abstain from sexual intercourse around the embryo transfer.
• In the agreement reviewed, breaches carry the following fixed contractual penalties:
• AED 500 for breaking the approved meal regime or missing an appointment.
• AED 2,000 for hazardous activity or severe stress.
• AED 3,000 for alcohol, nicotine, or refusing medication.
• For narcotics, termination and full reimbursement before transfer, or AED 10,000 plus all consequences after transfer.

These are contractual provisions, rather than automatic statutory penalties. UAE courts may adjust agreed compensation to the actual loss; fixed penalties are not self-executing.

It is useful to have these terms in an agreement. How effectively they can be implemented is another matter. The “approved meal regime” is not defined, and the agreement says nothing about caffeine, exercise, or sleep. If those matters are important to the parents, put preferences in a written schedule to the agreement so there is something specific against which compliance can be measured.

Experience from Cases Abroad

I find this topic particularly interesting because we have dealt with cases in other jurisdictions, outside the UAE, where a baby was born through surrogacy and the intended parents believed the baby had a birth defect or other health issue.

Their allegations, which are common in surrogacy cases, concerned how well the surrogate had cared for the baby during pregnancy: whether she ate well, slept well, exercised, and otherwise led a healthy life.

There are often complaints or allegations that, had the surrogate lived a healthier lifestyle, the baby might not have had those health issues.

For couples considering surrogacy, it is important for their peace of mind that the surrogate makes appropriate choices regarding her health, wellbeing, healthcare, and lifestyle while carrying their baby, to increase the chances of the baby being born healthy.

Having seen these cases during my years of practice, I find the current Abu Dhabi system and the contract we reviewed quite extraordinary. Having mechanisms and a roadmap with this level of nuance and detail provides assurance, comfort, and confidence to the parties involved.

It helps the surrogate understand what is expected of her during this period, and it helps the intended parents understand the arrangements. Presumably, the more detailed the roadmap, the clearer it is to the surrogate what she must do.

There are fewer surprises. Someone who does not want to comply with the protocol would presumably choose not to be a surrogate. If she does choose to proceed, she has presumably read and understood the protocol and is prepared to follow the requirements throughout the process.

At least, this increases the likelihood that everyone is on the same page for this period, which I think is crucial and fundamental. From real-life experience, the lifestyle of the person carrying the baby is very important.

In that way, Abu Dhabi’s collective system of documents, processes, and parties is quite extraordinary and forward-thinking.

Practical Limits and Enforcement

There are, of course, still many nuances, as there are whenever we deal with a contract. Because it is a contract, it is up to the parties to decide how much they can or want to fine-tune it.

Questions remain: How do you ultimately restrict movement or travel? How do you enforce the penalties I mentioned earlier?

Under the contract reviewed, the surrogate may not leave Abu Dhabi, the UAE, or even her residence without clearance, with contractual penalties of AED 1,000 to AED 5,000 per breach. But a contractual restriction is not a travel ban. A UAE travel ban is a court order, normally tied to a monetary claim, and a court is unlikely to impose one on a pregnant woman to enforce a surrogacy contract.

The real remedies are financial, subject to legal enforceability. Nothing should involve holding her passport. Movement restrictions can raise personal-liberty and public-order questions and should be tied to a documented medical reason. Those issues require care as the practice develops.

Nevertheless, having this blueprint or formula, based on a collective set of documents and processes, is quite special.

Hospitals and Agencies

Who are the providers? Who is the agent or coordinator we have been discussing? Remember, we have the Department of Health, specialized clinics, and the coordinating agency.

Hospitals Listed by the Department of Health

In Abu Dhabi, the Department of Health names four hospitals offering surrogacy:

1. Corniche Hospital.
2. Danat Al Emarat Hospital.
3. Tawam Hospital.
4. Kanad Hospital.

These are the four hospitals named by the Department of Health as offering surrogacy.

The wording also uses “including,” so the list may not be exhaustive. There could be more hospitals or private fertility clinics. At least one private group, ART Fertility Clinics, also describes itself as approved. That is a provider’s claim and should be verified with the Department of Health. Because this is all new, the list may develop as more providers are licensed.

Before proceeding, I would recommend relying on the Department of Health’s representations concerning authorization, rather than solely on a clinic’s or hospital’s own representations.

Agencies Coordinating the Process

In terms of coordinating agencies, we have only been able to find two. The Department of Health itself has not published a list of approved agencies, but we have seen two agencies claiming the relevant approval:

• ‍Renatus Health Consultancy, which describes itself as the only licensed provider.‍
• Embrymama, which describes itself as the first licensed provider.

For the time being, these are the two we have identified that hold themselves out as licensed. I am certain that, as time goes on, there will be more clarity about their licensing and that of other providers that follow.

Before paying anything, ask for written Department of Health approval, the trade license and licensed activity, the identity of the partner hospital or clinic, and a clear statement of who holds your money and when. Make sure the providers and clinics have actually been approved and licensed.

Surrogacy Abroad and Moving Embryos

There is another aspect I want to touch on briefly: surrogacy abroad. Some UAE residents go to other jurisdictions that permit surrogacy, but there may still be consequences in the UAE.

Certain issues must be kept in mind, including moving embryos. Under federal law, Article 17 in particular, embryos, eggs, and sperm may cross the UAE border, but only under the procedures set out in the executive regulations. The Article 26 penalties apply if those procedures are violated.

For example, a couple with embryos frozen in the United States can use them in Abu Dhabi if the embryos are their own, are tested to Department of Health standards, and are imported properly.

If you are considering this, build in time for permits and specialist couriers. Make sure any frozen embryos from another country qualify, satisfy UAE requirements, and can be brought into the country and used here in accordance with the standards.

Bringing the Baby Home

As mentioned earlier, if you pursue surrogacy elsewhere, the place of birth and the process for obtaining a birth certificate may themselves create legal issues. Do your homework.

Birth registration must be considered alongside the parents’ home-country requirements for recognition, a passport, and nationality; the UAE residence visa follows. Make sure everything is in order for acceptance in the UAE so that it does not create further problems in the future.

As a general rule, obtain advice in both jurisdictions before signing anything abroad.

Key Takeaways

What are the takeaways?

1. The express ban has been removed, but this did not create unrestricted legalization. Only gestational surrogacy using the couple’s own gametes has a lawful pathway.
2. Abu Dhabi is, for the time being, the only working route. Dubai does not have a similar system, so be skeptical of claims that a service is DHA-regulated.
3. Parentage rests on an administrative act rather than a statute. Build your file from day one.
4. Contracts carry the real risk. Understand what the fee excludes, that fees are usually non-refundable, and which clauses may not hold. Have the contract reviewed by a legal adviser.
5. Anonymity and control have limits. Keep restrictions on the surrogate medical, proportionate, and lawful. There are practical limits to preserving anonymity and confidentiality.
6. Take advice before signing. This applies in the UAE and in any other country where you are pursuing the process.

The law has opened the door, but it has not yet furnished the room, so to speak. Until it does, be very careful in structuring the arrangement and make sure you understand what the law protects. Above all, make sure the child you are expecting is protected from the outset.

That is all for this episode of Lawgical with Ludmila. If you found this episode useful and like what we do, you can find more on our website, lylawyers.com. We are also on Apple Podcasts and Spotify. For the full experience, you can watch our video podcast on YouTube.

Until next time, stay informed, stay safe, and keep things Lawgical.