The UAE has introduced new regulations outlining when and how abortions can be legally performed, expanding permissible circumstances while ensuring safety and legality.
Here’s a breakdown of the new law.
Permissible Circumstances for Abortion
Abortions are now allowed in five specific instances:
- Non-consensual Sexual Intercourse: If the pregnancy results from sexual intercourse against the woman’s will or without her consent.
- Incest: If the pregnancy is a result of incest, meaning the person responsible is a direct relative of the woman.
- Spousal Request: At the request of the spouses, with approval from a regulatory committee.
- Risk to the Woman’s Life: If the pregnancy endangers the pregnant woman’s life.
- Foetal Deformation: If severe deformation of the foetus is proven, potentially affecting the newborn’s health and life.
Conditions for the Procedure
- Duration of Pregnancy: The abortion must be performed within 120 days of pregnancy.
- Medical Safety: The procedure must not result in any complications that pose a risk to the woman’s life.
Regulatory Committee
A dedicated committee formed by the Ministry of Health and Prevention (Mohap) or the head of an emirate’s health authority will oversee abortion requests. The committee will consist of:
- An obstetrics and gynaecology specialist
- A psychiatry specialist
- A representative from the Public Prosecution
The committee can seek expert assistance and request additional documents before making a decision within five working days. The decision, which must be unanimous, can either approve or reject the request based on the justification from approved Fatwa authorities. In case of disagreement, the matter will be referred to the Minister or the head of the health authority.
Appeals Process
The pregnant woman, her husband, or her guardian can appeal the committee’s decision within five working days. The final decision made by the Minister or the head of the health authority will be binding.
Procedure Location and Consent
- Licensed Healthcare Facilities: Abortions must be performed by a specialist obstetrician-gynaecologist in a licensed healthcare facility.
- Medical Report: Physicians must prepare a detailed report on the case, including the pregnancy duration, reasons for the abortion, necessary approvals, and procedures followed.
- Consent: Written consent from the pregnant woman is required. If her consent cannot be obtained, the consent of her husband or guardian is needed. In emergencies, consent is not required.
Expatriates’ Eligibility
Non-citizens must have a valid UAE residency permit for at least one year before submitting an abortion request.
These new regulations aim to ensure the safety and legality of abortion procedures while expanding the circumstances under which they can be performed, reflecting the UAE’s commitment to women’s health and rights.
