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ARE ABORTIONS LEGAL IN THE UAE?

What is an abortion? 

Abortion is the termination of a pregnancy by the removal or expulsion of the embryo or the fetus. Generally, the term abortion refers to induced abortion where the procedure is caried out medically. A pregnancy may also come to an end involuntarily, without any intervention. This is referred to as a miscarriage.

Is abortion legal in the UAE?

The UAE laws do not allow abortion except under certain cases. The laws regarding abortion are stipulated under Federal Decree-Law No. 4/2016 on Medical Liability (“Law”) and the Cabinet Decision No. 44/2024 on Determining the Cases of Permissible Abortions (“Cabinet Decision”). Abortions under certain circumstances were legalized to preserve women’s health and safety and to reduce illegal practices of unsafe abortions of unwanted pregnancies.

The law, under Article 16, states that a doctor must not conduct any abortion procedures or make a prescription intended to induce an abortion except under special circumstances, such as if the life of the pregnant woman is in danger, or if the fetus is malformed. The Cabinet Decision allows additional grounds for abortion such as if the pregnancy was a result of rape or incest, or if the spouses request an abortion, after obtaining the approval of the competent authority.

When the life of the pregnant woman is in danger

Abortion is permitted if the continuation of the pregnancy endangers the life of the pregnant woman, provided that the following conditions are fulfilled:

  • Abortion must be the only way that the life of the pregnant woman can be saved

  • The abortion will be carried out in a government facility, or in a private facility authorized by the competent authority, to carry out the procedure

  • The abortion must be carried out with the knowledge of the obstetrician and the gynecologist, and based on the approval of the attending physician monitoring the case requiring abortion.

  • The monitoring physician must submit a report containing justification for the abortion. The report must be signed by the pregnant woman, and in case she is unable to consent, her spouse or guardian must consent and sign the report.

    • Abortion is also permitted in case of proven fetal abnormality. The malformation of the fetus must be proven through a medical report supported by at least three consultants specialized in obstetrics, gynecology, pediatrics and radiology, after carrying out all necessary medical examinations. In this case too, the abortion cannot be carried out without the consent of the pregnant woman, and in case she is unable to consent, her spouse or guardian must consent on her behalf.

    Conditions for performing Abortion

    Apart from the conditions mentioned above, the Cabinet Decision has set certain other conditions that must be fulfilled or followed before carrying out abortion procedures:

  • The abortion must not result in any medical complications that may pose a threat to the life of the pregnant woman

  • The duration of pregnancy at the time of abortion must not exceed 120 days

  • Although it is important to obtain the consent of the pregnant woman, or her husband, consent from either may not be necessary in emergency cases.

  • If the pregnant woman is not a citizen of the UAE, she must have a valid residence permit of not less than one year before the date of submitting the abortion request.

  • The concerned physicians in charge of the abortion procedure must write a case report, confirming the duration of the pregnancy and explaining the justifications for performing the abortion, the necessary approvals and the procedures that were taken regarding the pregnant woman from the moment she entered the health facility

  • The competent authority must approve the abortion.

  • The pregnant woman must be provided medical and social advice before and after the abortion procedure.

    • Conclusion

    The UAE legal provisions concerning medical abortions have seen many changes in the past years. The law prioritizes women’s health and ensures that abortions are carried out in a safe manner, in health facilities that are qualified to conduct the examinations.

    Content supplied by Awatif Mohammad Shoqi Advocates & Legal Consultancy