Abortion is a sensitive topic with legal, medical, religious and social aspects. Abortion laws have traditionally been conservative in the United Arab Emirates UAE. But some important changes in the law have been recently enacted that everyone and women living in the UAE in particular should be aware of.
This article provides a clear and simple look at the UAE’s new abortion law, who it impacts and what the changes say about the state of women’s health and legal rights.
The UAE has undergone significant changes to its abortion laws and regulations regarding reproductive rights and medical ethics in general. These changes are made through
- Federal Decree Law No. 4/2016 on Medical Liability, updated by Decree Law No. 18/2023
- Federal Decree Law No. 31/2021 on Crimes and Penalties
These laws explain:
- When abortion is legally allowed
- What procedures doctors and patients must follow
- The punishments for illegal abortion
Important Articles of Federal Decree Law No. 4 of 2016 Medical Responsibility
Article 14:
This post is discusses Assisted Reproductive Technology (ART) also known as IVF or embryo transfer. It says the treatments must comply with the law to protect women’s rights and health.
Article 15:
Anything connected with family planning or fertility treatment should be agreed upon by the couple. Decisions about birth control or abortion cannot be taken without the couple’s consent, except if a special medical committee approves it in specific situations.
Article 16 Abortion Rules
In the absence of one of these two exemptions, doctors are not allowed by law to perform or refer patients for abortions
To save the mother’s life:
That is one thing if pregnancy endangers the life of the mother and abortion is the only option. The abortion must be performed in a government or private hospital approved by the government. A detailed report explaining the reasoning must be produced by the doctors. Written consent must be obtained from the woman or from her husband or guardian.
If the fetus is grossly malformed
A medical commission has to approve the fetus’ defect with tests. The abortion requires the husbands or guardians consent of the woman. All additional conditions will be determined by the Council of Ministers of the UAE.
Article 33 Punishments for Doctors
A doctor who performs an illegal abortion can go to jail. Should the woman die from the abortion, the doctor can be imprisoned for 5 to 10 years. The main features of Federal Decree-Law No. 31/2021 (Crimes and Penalties Law):
Article 391[3] Punishment for the Crime of Performing Abortion
If a woman undergoes an abortion on herself or consents to an abortion: she is liable to imprisonment or fine. Individuals who assist a woman in obtaining an abortion (if the abortion is consensual): can be fined or imprisoned. Doctors who perform abortions without legal justification: go to jail. If a person causes the termination of a pregnancy without the pregnant woman’s consent: punishment is imprisonment.
Rape: Double that of an illegal abortion not successful. Offender gets a half-dose of abortion penalty.
New Law Highlights – June/July 2024
Under Cabinet Resolution No. 44 of 2024 (effective June 21, 2024), abortion is now legally permitted in five cases:
- Rape non-consensual intercourse
- Incest pregnancy by close relative
- Spousal request, approved by a medical committee
- Risk to the pregnant womans life
- Serious fetal deformation confirmed by medical testing
| Allowed Cases | Gestational Limit | Consent | Review Body |
|---|---|---|---|
| Rape | ≤ 120 days | Woman → Husband/Guardian | 3-member panel + appeals |
| Incest | ≤ 120 days | Woman → Husband/Guardian | Committee (OB/GYN, Psychiatry, Prosecution) |
| Spousal Request | ≤ 120 days | Both spouses + committee | Committee; appeal to Minister |
| Risk to Woman’s Life | ≤ 120 days | May waive consent in emergency | Committee, licensing rules, counseling |
| Severe Fetal Deformity | ≤ 120 days | Woman (or husband/guardian) | Committee, licensing rules, counseling |
What Was the Previous Law on Abortion in the UAE
Abortion was generally illegal in the UAE before the recent amendments were made. It was only permitted under two circumstances If the life of the mother was in grave danger. If the baby had a lethal abnormality that would kill it shortly after birth or in the womb. In both cases, the abortion needed to be performed prior to 120 days so roughly the 17th week of pregnancy and the couple needed a medical board’s approval too. In all other cases, abortion was illegal, with imprisonment or a fine for both the woman and the doctor concerned.
Difference between Old and New Abortion Law
In early 2024, the UAE introduced new amendments to the Penal Code related to abortion. They seek to reconcile womens rights to health with legal and ethical obligations. Some key updates include
The new law provides doctors with greater guidance and legal protection when they perform abortions in the event of a life-threatening pregnancy or a fetus with life-threatening abnormalities.
The law now places a greater emphasis on protecting the life and health of the woman and gives priority to the woman’s health in hard pregnancy decisions.
In some difficult cases, a legal and medical committee may be set up to evaluate and endorse requests for abortions. This is to prevent bias and hidden & misleading decision making.
Abortion on demand for social, economic or personal reasons, however, is still not allowed by the UAE. It is still a highly controlled procedure and can occur only under certain medical conditions.
Who in Dubai Can Have an Legal Abortion?
Abortion is legal in the UAE. But only for married couples under law. Medical records, a marriage certificate, and sign-off from health care professionals are usually needed. Single or non-residents may have problems with the regulations for documentation and relationship.
What Are the Consequences of Illegal Abortion?
Outside of the law, abortion is still illegal. Anyone involved the woman, the person performing the abortion, anyone helping can face jail time and fines. This extends to taking abortion pills without medical supervision. The illegal purchase or sale of abortion pills, online or on the black market, is also unsafe, and illegal. The sexual habit could have serious legal and health consequences. Consider and decide for yourself what women with an unwanted pregnancy should do.
Women in the United Arab Emirates Faced with Unplanned PregnancyWhat To Do?
Ask a licensed physician at one of the approved hospitals or clinics. Do not cause to go about illegally or with some unlicensed drug. Be honest! Ask healthcare providers if you need any help. Take legal action if they are eligible for a legal abortion as per law of the UAE.