Abortion laws in the United Arab Emirates (UAE) have undergone significant changes, reflecting a shift towards more defined and regulated practices. Understanding the current legal framework is crucial for residents and healthcare providers.
Legal Grounds for Abortion in the UAE
As of June 2024, the UAE Cabinet issued Resolution No. (44) of 2024, which specifies permissible cases for abortion in accordance with Article No. (16/3) of the Medical Liability Law. This resolution outlines specific circumstances under which abortion is legally permitted:
Risk to the Mother’s Life or Health: If continuing the pregnancy poses a threat to the mother’s life or could cause serious harm to her health, abortion is permissible.
Fetal Abnormalities: In cases where the fetus has severe deformities that are incompatible with life or would cause the child to suffer after birth, abortion is allowed.
Pregnancy Resulting from Sexual Assault: The resolution permits abortion if the pregnancy is a result of intercourse with a female against her will, without her consent, or under invalid consent.
Procedural Requirements
The resolution also establishes specific procedures and controls to ensure that abortions are conducted safely and ethically:
Medical Assessment: A thorough medical evaluation must be conducted to confirm the necessity of the abortion under the specified legal grounds.
Committee Approval: A dedicated committee within each health authority, formed by a decision of the Ministry of Health and Prevention (MOHAP) or the head of the emirate’s health authority, is responsible for reviewing and approving abortion requests.
Informed Consent: The pregnant woman must provide informed consent before the procedure is carried out.
Healthcare Facility Requirements: Abortions must be performed in authorized healthcare facilities equipped to handle such procedures, ensuring the safety and well-being of the patient.
Legal Consequences for Unlawful Abortions
The UAE Penal Code imposes strict penalties for unlawful abortion practices:
Self-Induced Abortion: Pregnant women who self-abort or consent to an abortion outside the permissible cases may face imprisonment, fines, or both.
Performing Illegal Abortions: Individuals who perform abortions without legal justification, including healthcare professionals, risk imprisonment and fines.
These measures underscore the importance of adhering to the legal framework governing abortion in the UAE.
Conclusion
The UAE’s legal stance on abortion is clearly defined, permitting the procedure under specific circumstances to protect the health and rights of women while ensuring ethical medical practices. It is essential for individuals and healthcare providers to be aware of these regulations to navigate the legal landscape appropriately.
For more detailed information, refer to the official announcements from the Ministry of Health and Prevention (MOHAP) and consult with authorized healthcare providers.