Dubai: A new legislation that came into effect on June 21 has added new categories for cases in which abortion is permissible in the UAE. Cabinet Resolution No. 44 of 2024, Concerning the Permitted Abortion Cases.
Gulf News spoke with legal experts to find out the details of the resolution.
“The key objectives of the new legislation as stated therein are to protect women's lives while maintaining social stability by clearly defining the conditions and procedures for permissible abortions,” she said.
What are the major changes?
Madeleine Mendy, Partner and Head of the Family Law Department at Bin Sevan Advocates and Legal Consultants, explained abortion was earlier only permissible in two situations: When the mother’s life or the fetus’s life was at risk, and when the fetus had severe deformities. The new resolution adds three more circumstances in Article 4 of the resolution.
“Women can now obtain abortions if the pregnancy is as a result of rape, incest, or forceful intercourse, where consent was not provided or could not be provided, such as when the victim is mentally impaired and her consent is invalid.”
In addition to that, the resolution also provides for abortions to be permitted at the request of spouses. However, Mendy explained that further clarification is needed regarding the specific situations where this applies.
Women can now obtain abortions if the pregnancy is as a result of rape, incest, or forceful intercourse, where consent was not provided or could not be provided, such as when the victim is mentally impaired and her consent is invalid
a. If the pregnancy is the result of having intercourse with a female against her will, without her consent, or with a will that is not taken into account.
b. If the person who caused the pregnancy is one of the woman’s relatives or with whom marriage would be considered permanently unlawful.
c. Based on the request of the spouses, after the approval of the Committee.
2. The cases stipulated in Paragraphs (a) and (b) of Clause (1) of this Article shall be proven by official report issued by the Competent Public Prosecution Office in the State, which explains the details of the incident, its causes, its parties, and the procedures taken in this regard.
Who provides the consent?
Diana noted that only the woman’s consent is required to perform an abortion in the UAE, however there a specific cases of exception.
“If she is not able to provide consent, the consent of the spouse or the guardian is required. This is because most women in this country, in this jurisdiction, are still under the guardianship and even the medical insurance of their spouses or guardians,” she said.
The consent of the pregnant woman is required, under all medical liability acts, and the requirement in the UAE that if the consent sought is not made available, the consent of the spouse or the guardian are required...
What happens if there is an emergency?
Both legal experts clarified that no spousal or guardian request is required if there is an emergency, as per Article 5 (5) of the resolution.
What are the key conditions for an abortion in the UAE?
“The abortions can only be performed under this resolution if a report of the charges is provided by public prosecution, the pregnancy is less than 120 days old at the time of the procedure and the woman’s life is not at risk. Once the above conditions are fulfilled, a committee will consider each request for abortion and provide its approval for the abortion to take place in a licensed facility,” Mendy said.
Conditions for expatriates in the UAE
If the pregnant woman is a non-citizen, she must hold a valid UAE residence permit for at least one year before requesting an abortion, according to Article 5 of the resolution.
Which authority is in charge of approving the abortion request?
A dedicated committee within each health authority will review abortion requests. This committee will comprise of three medical professionals – obstetrics and gynaecology, a psychiatry specialist and a public prosecution representative. They may also consult additional specialists if needed.
What is the approval process?
The committee will examine the application and documents from the physician or the health facility within five days of the request being submitted. “It is important to note that a fatwa [religious edict] is required for the committee to issue its decision,” said Diana.
“The committee will/may seek a fatwa to issue its decision in a jurisdiction. In my interpretation this will apply to Muslims legally, but for non-Muslims this is not applicable," she added.
What happens if the committee rejects the request for an abortion?
“The appeal process from the committee's decision is also stated in the resolution and it is open to the pregnant woman, the husband and the pregnant woman's guardian,” said Diana.
How will abortions be conducted in the UAE?
Article 5 of the resolution also sets the terms and conditions for abortions, including:
• The facility where the abortion is performed should be authorised for it by the competent health authority.
• The abortion should be performed by a specialist obstetrician-gynaecologist licensed to practice within the country and with the approval of the treating physician for the medical condition justifying the abortion.
• The abortion should not result in any medical complications that pose a threat to the pregnant woman’s life.
• Furthermore, the healthcare facility should provide medical and social support services before and after the abortion. This ensures the woman receives comprehensive care throughout the process.
