The UAE has broadened the legal grounds for performing abortions, now allowing the procedure in five specific instances.
New UAE Abortion Law
This move aims to reduce illegal abortion practices related to unwanted pregnancies. According to a recent cabinet resolution, a licensed physician can perform an abortion if the pregnancy results from rape or incest or at the request of the spouses with the approval of a designated committee. This resolution introduces new legal protections and conditions under which abortions can be performed.
Expanded Criteria for Legal Procedures
Prior to this resolution, abortions in the UAE were only permitted if the pregnancy posed a danger to the woman's life or if the fetus was diagnosed with severe deformities. These stringent conditions often left women seeking unsafe and illegal procedures to terminate unwanted pregnancies. The new law is a significant shift towards addressing these risks by expanding the legal framework.
Under the new resolution, abortions can now be performed in five cases: life endangerment, fetal deformity, rape, incest, and spousal request with committee approval. The specifics of the spousal request criteria have not been detailed in the resolution. For cases of rape and incest, the procedure must be supported by an official report from the public prosecution. The Ministry of Health and Prevention (MoHAP) revealed that a committee, formed within each health authority, will oversee these requests. This committee will include specialists in obstetrics and gynecology, psychiatry, and a representative from the Public Prosecution.
The law stipulates several key conditions under which abortions can be performed. Firstly, the procedure must be carried out by a specialist obstetrician-gynecologist licensed to practice in the UAE and only at a healthcare facility authorized to conduct such procedures. Secondly, the woman must receive comprehensive medical and social counseling before and after the abortion to ensure her well-being. Additionally, the procedure must not pose any medical complications that could endanger the woman's life. The pregnancy must not exceed 120 days at the time of the abortion.
Applicability to Emiratis and Expats
The new abortion law is applicable to both Emiratis and expatriates who are currently domiciled in the UAE. Nevertheless, non-Emiratis must have been legally residing in the country for a minimum of one year before submitting their abortion request. This guarantees that the law is accessible to a wide range of individuals while simultaneously preserving regulatory oversight of the process.
Legal experts have emphasized that the primary objective of the new resolution is to protect women's health and reduce unsafe, illegal abortion practices. Dr. Habib Al Mulla, founder of Habib Al Mulla and Partners, noted that the inclusion of rape and incest as legal grounds for abortion aims to provide necessary support and protection to women in these distressing situations. The introduction of committee oversight ensures that each case is handled with the required legal and medical scrutiny, preventing misuse of the law.
The UAE's new abortion law marks a progressive step towards safeguarding women's health and rights. By expanding the legal grounds for abortion and introducing stringent conditions and oversight mechanisms, the law aims to reduce the prevalence of unsafe abortion practices and ensure that women receive the necessary medical and social support during such critical times.
