Is Abortion Legal in UAE? Legal Conditions Explained

Is Abortion Legal in UAE? Abortion in the UAE is prohibited in principle under UAE legislation. But it is legally permitted in specific medical and social cases, in an exclusive and narrow scope.

This is regulated by Article 16 of Federal Decree-Law No. 4 of 2016, as well as Cabinet Decision No. (44) of 2024 on determining the permitted cases of abortion. An abortion may only be carried out in the cases specified in them, and after fulfilling the conditions and controls set for each case. These include, in the cases set out in the Decision, the approval of the committee formed in accordance with Article (6) of the Decision.

When Is Abortion Legal in UAE?

Under Article 16 of Federal Decree-Law No. 4 of 2016, the principle is that abortion is prohibited, or the prescribing of anything that would cause it. But the law allows abortion in specific exceptional cases. One case is a risk to the pregnant woman’s life from continuing the pregnancy.

This applies only if there is no way to save her life other than abortion. In this case, the abortion must be carried out in a licensed government or private health facility, by a specialist doctor, with a medical report drawn up including the justifications and signed by the pregnant woman, or the consent of her husband or guardian if that is not possible. Another case is an established severe fetal deformity affecting the fetus’s health and life after birth.

This requires a medical report from a committee formed by a decision of the health authority. The committee must include at least three consultants in the relevant specialties. All necessary medical examinations must be carried out, and the consent of the pregnant woman, her husband, or her guardian obtained.

The same Article also allowed the Cabinet to issue a decision determining other permitted cases of abortion.

Under this delegation, the Cabinet issued its Decision No. 44 of 2024, Article 4 of which sets out two additional cases. The first case is if the pregnancy results from sexual intercourse with a female by coercion, without her consent, or with a will that is not valid, or if the person who caused the pregnancy is one of the woman’s ascendants or one of her mahram relatives, provided this is proven by an official report issued by the competent Public Prosecution. The second case is that abortion may be carried out at the joint request of the spouses, after obtaining the approval of the medical committee.

These cases are subject to the conditions of Article 5 of Cabinet Decision No. 44 of 2024, which are as follows:

The health facility must comply with the following when carrying out an abortion:

If you need help understanding how these conditions apply, speak to our lawyers on WhatsApp or use the Contact Us page.

Which Time Limits, Consent and Residency Rules Apply?

Article 16 of Federal Decree-Law No. 4 of 2016 provides that the principle is that abortion is prohibited except in specific cases, such as a risk to the pregnant woman’s life or a proven severe deformity of the fetus. Article 5 of Cabinet Decision No. 44 of 2024 requires that the duration of the pregnancy at the time of the abortion must not exceed 120 days. This is the maximum time limit permitted by law for carrying out an abortion.

Article 16 of Federal Decree-Law No. 4 of 2016 and Article 5 of Cabinet Decision No. 44 of 2024 require obtaining written consent from the pregnant woman before the abortion. If her consent cannot be obtained, the consent of her husband, or her guardian in the husband’s absence, is required. The consent of any of them is not required in emergency cases requiring immediate surgical intervention to save the wife’s life.

Article 5 of Cabinet Decision No. 44 of 2024 provides that if the pregnant woman is not a citizen, she must have a valid residence in the state, and this residence must be not less than one year before the date of submitting the abortion request. In addition to the above, Article 5 of Cabinet Decision No. 44 of 2024 requires that the procedure be carried out in a licensed health facility, by a specialist doctor, with a medical report drawn up setting out the case, the justifications, and the approvals. The procedures also require obtaining the approval of the competent medical committee, and providing medical and social counselling to the woman before and after the abortion.

For a related explanation of medical approval procedures, read about abortion law in Dubai.

How Do You Start the Approval Process?

1. Contact a licensed health facility to carry out abortions.
2. Assess the health condition, the duration of the pregnancy, and the legal classification of the case.
3. Prepare the supporting documents, including the residence and the medical reports.
4. Submit an official report issued by the competent Public Prosecution for cases of intercourse without consent or pregnancy from a mahram, under Article (4).
5. The health facility refers the file to the competent medical committee at the health authority.
6. Comply with the committee’s decision and the medical directions.

Article (6/3) of Cabinet Decision No. (44) of 2024 requires the committee to decide on the request within 5 working days from the date of receiving it. This deadline is specific to the committee’s decision and is not a comprehensive deadline for all treatments. Articles (5) and (7) impose full confidentiality of the data and the provision of medical and social counselling to the pregnant woman before and after the procedure.

What If the Committee Rejects the Request?

If the competent medical committee issues a decision rejecting the abortion request, the law gives the pregnant woman the right to challenge this decision. The pregnant woman, her husband, or her guardian may submit this challenge before the Minister or the head of the competent health authority. The challenge must be submitted within a maximum of five working days from the date they are notified of the rejection decision issued by the committee.

Once the challenge is considered, the Minister or the head of the health authority issues their decision on the matter, and this decision is final and not subject to appeal. The committee’s rejection decision must also be a reasoned decision, meaning it must set out the reasons that led to the rejection. This helps the parties concerned understand the reasons for the rejection and submit their challenge correctly within the specified legal period, in accordance with Article 6 of Cabinet Decision No. (44) of 2024.

For broader pregnancy-related legal issues, see our guide to UAE law on illegal pregnancy.

For legal advice on health regulations and official procedures, speak to our lawyers on WhatsApp or use the Contact Us page.

Questions About Abortion Approval and Consent