The United Arab Emirates (UAE) recently expanded its legal regime over pregnancy abortions, incorporating three more instances where the practice will be permissible. Many legal experts have termed the move significant, relating it to progress in matters concerning reproductive rights. As per a new cabinet resolution, a licensed physician is now allowed to carry out an abortion under the specified conditions, which is an advancement in the number of permissible instances from two earlier instances.
The Cabinet Decision No. (44) of 2024 Relating to the Medical Liability Law stipulates abortion if:
- The pregnancy is the result of intercourse with a female against her will, without her consent, or without adequate volition, and
- The person who caused the pregnancy is an ancestor of the woman or one of her mahram [ineligible for marriage] relatives.
New Grounds for Abortion
According to the new resolution, a pregnancy resulting from rape or incest may be terminated on the advice of a registered medical practitioner. Abortions may also be carried out on the request of the spouses, subject to the approval of the concerned committee. The nature of the request that a spouse can make has not been elaborated in the resolution. Such abortions for rape and incest must be supported with an official report from the public prosecution.
Previously, abortions in the UAE were only allowed if the pregnancy endangered a woman’s life or if it could be proven that the fetus was deformed. According to the new resolution and the existing Medical Liability Law, abortions may now be carried out in five specified cases.
Conditions and Regulations of Pregnancy Abortions
Several key conditions must be attended to secure the safety and well-being of the woman undergoing the procedure. They are as follows:
- Specialist Approval: The procedure needs to be performed by a specialist obstetrician-gynecologist licensed in the UAE to practice;
- Licensed Facility: Abortions need to be done in licensed healthcare facilities;
- Medical and Social Counseling: It should be preceded and followed by medical and social counseling.
- Risk Assessment: Abortion should only be carried out where it does not lead to such medical complications as may cost the life of the pregnant woman.
- Gestation Limit: The duration of the pregnancy at the time when the operation is performed must not be more than 120 days.
The law also includes both Emiratis and expatriates, on the condition that non-Emiratis prove they have legally resided in the UAE for at least one year at the date of submitting the request.
Committee Formation
The Ministry of Health and Prevention (MOHAP) has clarified the details of the committee that is to be established in each health authority to oversee these requests. The committee should be composed of three doctors, one of whom should be an obstetrics/gynecology specialist, one a psychiatry specialist, and the third a public prosecution representative. This committee must ensure that all stipulated conditions are met before approving any abortion request.
Read more about – How to Handle a Divorce While You’re Pregnant
International Standards and Women’s Health
This legal reform is aligned with many international standards concerning reproductive rights and health. It permits abortion not only when a mother’s life is in danger but also when her physical or mental health may be seriously threatened, and as a result of rape or incest. The major shifts that the UAE’s legal system is permitting reflect broader efforts at modernization and enhancing the possible status and health of its women.
The reform is part of the UAE’s broader drive to modernize its legal system and is a step in a progressive direction toward more autonomous and healthy women. In the past years, the UAE has made many reforms regarding the protection of women’s rights aimed at supporting gender equality and increasing women’s participation in the social and economic spheres. Legal reforms have increased protection from domestic violence and discrimination.
Broader Implications for Women’s Rights
This new abortion law marks one more step the UAE has taken toward gender equality and women’s health. In this way, the country also shows commitment to women’s rights and a decrease in unsafe illegal abortion procedures. This is in line with developments in the family courts of the UAE, including that of the Abu Dhabi Civil Court, which allows women to have the right to apply for no-fault divorce and claim more rights on spousal maintenance.
You may want to know: UAE Allows Women to Access Emergency Abortions Without Spousal Consent
Conclusion – Legal Grounds for Pregnancy Abortions
The newly passed UAE resolution on pregnancy abortions is a landmark decision in the legal history of the country, helping give more protection and autonomy to women. Coupled with the stringently controlled regulations and monitoring conditions for the expansion of abortion, the UAE is on course toward modernization in its law-making process, which furthers the cause of promoting the health and rights of women. These reforms reflect the broader commitment of the UAE toward gender equality and the empowerment of women. With these evolving legal and social frameworks, these changing measures will make a deep, positive impact on the lives of women across the UAE.
Anyone seeking legal advice on new abortion laws or any other legal issues in the UAE, HHS Lawyers in Dubai will always be there to help with professional advice and all kinds of legal assistance. Reach out to us to make sure your rights are preserved, and you can navigate the maze of legal procedures with ease.
