UAE Law Update: Prioritizing Pregnant Women's Autonomy

Change in UAE law on abortion

An update to the existing law in the United Arab Emirates (UAE) has streamlined the process for medical professionals to perform abortions in cases where a pregnant woman's life is at serious risk. This amendment, according to legal experts, empowers pregnant women to make decisions regarding their own health without the need for consent from their husbands. The change underscores the importance of prioritizing the pregnant woman's autonomy in matters concerning her body.

Hadiel Hussein, a senior associate at BSA Ahmad Bin Hezeem & Associates LLP, highlighted the key modifications to the law, emphasizing that the pregnant woman's consent is now the primary requirement for initiating an abortion procedure. In situations where the woman is incapacitated and unable to provide consent, her husband or, if unavailable, her male relatives as defined by the Personal Status Law, may give consent on her behalf. Importantly, in emergency cases requiring immediate surgical intervention, consent is not a prerequisite.

The law permits abortions under two circumstances: when the continuation of the pregnancy poses a threat to the pregnant woman's life or when fetal deformities are confirmed. However, specific conditions must be met in both scenarios to proceed with the abortion, as outlined by the law.

This change marks a significant shift in the legal landscape, prioritizing the pregnant woman's autonomy and expanding access to abortion services for those meeting the necessary criteria. Hussein lauded this development as a step forward in championing women's rights and providing greater flexibility in reproductive healthcare options.

Moreover, the amendment abolishes the previous restriction limiting abortion availability to within 120 days of gestation in cases endangering the mother's life. Additionally, it grants the cabinet the authority to establish other instances in which abortion is permissible, a provision hailed by lawyer Nadine Mukhtar as a demonstration of the UAE's commitment to embracing diversity and staying abreast of global developments.

The law underscores the responsibilities of medical practitioners to uphold patient dignity and autonomy while ensuring proper diagnosis, confidentiality, and informed consent. Abortion is only permitted when the pregnant woman's life is at stake or when the fetus is severely and incurably deformed, with stringent penalties for unauthorized procedures.

Medical professionals, including Dr. Susmita Das, an obstetrics and gynecology specialist at Aster Hospital in Mankhool, lauded the amendment for simplifying the process for women requiring medically necessary abortions. Dr. Das emphasized that obtaining consent solely from the pregnant woman alleviates additional stress during an already emotionally challenging time.

The amendment aligns with recent changes in UAE law, particularly those allowing single mothers to give birth in the country. Previously, single mothers faced hurdles if they needed medical intervention, requiring consent from male relatives. With this update, such barriers are removed, ensuring women have greater agency over their reproductive health decisions.

In conclusion, the amendment to UAE abortion laws represents a positive step towards safeguarding women's rights and ensuring access to essential healthcare services. By prioritizing the pregnant woman's autonomy and simplifying consent requirements, the law reflects a commitment to progressive values and inclusive healthcare policies.