U.A.E Federal amended Law in surrogacy-legal for couples to use a surrogate to carry their child

There was a significant change to the UAE's surrogacy laws in December 2023. Federal Decree Law No. 17 of 2023 amended the existing law (Federal Decree Law No. 7 of 2019) to legalize surrogacy in the UAE. This means that it is now legal for couples to use a surrogate to carry their child, as long as they meet certain conditions.

Key provisions of the new surrogacy law:

Surrogacy is only permitted for married couples who are both UAE citizens or residents.

• The surrogate mother must be over 21 years old and have a healthy medical history.
• The surrogate mother must have given birth to at least one child of her own.
• The surrogate mother must be mentally and physically fit to carry a pregnancy.
• The surrogate mother must consent to the surrogacy agreement in writing.
• The couple must obtain a medical certificate from a licensed doctor stating that they are unable to conceive a child on their own.

The couple must obtain a legal authorization from the Dubai Health Authority (DHA) before proceeding with the surrogacy.

The new surrogacy law is a significant step forward for couples who are struggling to conceive a child on their own. It is also a positive development for the UAE, which is becoming increasingly open to new forms of assisted reproduction.

Please note that the surrogacy law is new and it is still being interpreted by the courts. It is important to consult with a legal professional if you are considering surrogacy in the UAE.

Surrogacy Explained: Surrogacy is an arrangement in which a woman (the surrogate) agrees to carry and give birth to a child for another person or couple (the intended parents). The surrogate is not genetically related to the child, and the intended parents become the legal parents of the child after birth.

There are two main types of surrogacy:

Traditional surrogacy: In traditional surrogacy, the surrogate is inseminated with the sperm of the intended father. This means that the surrogate is both the gestational carrier (the woman who carries the pregnancy) and the genetic mother of the child.

Gestational surrogacy: In gestational surrogacy, the embryo is created using in vitro fertilization (IVF) with the egg of the intended mother or an egg donor and the sperm of the intended father or a sperm donor. The embryo is then transferred to the uterus of the surrogate, who carries the pregnancy and gives birth to the child.

Surrogacy can be a complex and emotionally charged process, and it is important for all parties involved to seek legal and medical advice before proceeding.

Here are some of the reasons why people choose surrogacy:

Infertility: Surrogacy is an option for couples who are unable to conceive a child on their own due to infertility.

Medical conditions: Surrogacy may be an option for women who have medical conditions that make it dangerous or impossible for them to carry a pregnancy to term.

Same-sex couples: Surrogacy allows same-sex couples to have biological children.

Single parents: Surrogacy allows single men and women to have biological children.

Here are some of the legal and ethical considerations of surrogacy:

Parental rights: The legal parents of the child are the intended parents, not the surrogate. However, some surrogacy contracts may give the surrogate some limited parental rights.

Genetic relationships: In traditional surrogacy, the surrogate is the genetic mother of the child. This can raise complex emotional and legal issues.

Commercialization of surrogacy: Some people argue that surrogacy should not be commercialized and that women should not be paid to carry pregnancies for others.

Surrogacy laws: Surrogacy laws vary from country to country. It is important to understand the laws in your country before considering surrogacy.

Surrogacy can be a wonderful way for couples and individuals to build families. However, it is important to be aware of the legal, ethical, and emotional implications of surrogacy before proceeding.