Abortion Law in Dubai generally prohibits abortion, subject to specific statutory exceptions. The lawful route depends on the ground, medical evidence, consent, and required approvals.
Federal legislation governs these issues in Dubai. Article 16 of Federal Decree-Law No. 4 of 2016 and Cabinet Resolution No. 44 of 2024 provide the permitted grounds.
Unlawful abortion may attract penalties under Article 33 of the Medical Liability Law or Article 391 of the Crimes and Penalties Law.
Abortion Law in Dubai and the Federal Framework
Dubai does not have a separate conflicting local abortion regime. Federal Decree-Law No. 4 of 2016 on Medical Liability provides the principal medical framework.
Federal Decree-Law No. 31 of 2021 issues the Crimes and Penalties Law. Cabinet Resolution No. 44 of 2024 adds specified permitted cases and regulates their conditions.
An individual request alone does not make abortion lawful. A joint request by the spouses is a specific permitted route requiring the competent committee’s approval.
For related context, read the discussion of UAE pregnancy laws and related legal issues.
The Five Permitted Grounds
The medical grounds under Article 16 and the additional grounds under Article 4 of Cabinet Resolution No. 44 of 2024 are:
- Danger to the pregnant woman’s life, where abortion is the only way to save her life.
- Proven serious fetal deformity affecting the child’s health and life after birth, supported by the required medical committee report.
- Pregnancy resulting from intercourse against the woman’s will, without consent, or where her will is not legally recognized.
- Pregnancy caused by a relative within the permanently prohibited degrees of marriage, including the relevant ascendants and mahram relatives.
- A joint request by the spouses, subject to the competent committee’s approval.
For the third and fourth grounds, Article 4(2) requires an official report from the competent Public Prosecution. It must explain the incident, causes, parties, and procedures taken.
The guide to filing a rape case in the UAE explains the separate reporting and investigation process.
Conditions Where the Woman’s Life Is at Risk
Article 16(1) requires that no other method can save the pregnant woman’s life. The procedure must occur in an authorized government or private health facility.
An obstetrician-gynecologist must perform the procedure. The doctor treating the medical condition that justifies it must approve it.
The relevant doctors must prepare a report explaining the justification. The pregnant woman signs her consent to the abortion.
If her consent cannot be obtained, her husband’s or guardian’s consent is required. Consent is not required in emergencies requiring immediate surgical intervention.
Conditions for Serious Fetal Deformity
Under Article 16(2), a medical committee report must establish a serious deformity affecting the fetus’s health and life after birth.
The committee must include at least three consultants in obstetrics and gynecology, pediatrics, and radiology. Its findings provide the medical basis for this ground.
The pregnant woman must consent to the report’s findings. If obtaining her consent is impossible, the husband’s or guardian’s consent is required.
Conditions for the Additional Grounds Under the 2024 Resolution
Article 5 sets the conditions for cases governed by Cabinet Resolution No. 44 of 2024. These requirements must be read alongside the specific permitted ground.
Authorized Facility and Medical Supervision
The facility must be authorized by the competent health authority to perform abortions. A licensed obstetrician-gynecologist must perform the procedure.
The treating physician must approve the medical condition justifying the abortion. The procedure must not cause medical complications threatening the pregnant woman’s life.
Pregnancy Limit and Written Consent
The pregnancy must not exceed 120 days when the procedure occurs under Article 5(4). This requirement should not be treated as a substitute for reviewing each ground’s separate rules.
Written consent must first be obtained from the pregnant woman. If this is impossible, her husband’s consent is required, or her guardian’s in the husband’s absence.
Article 5(5) dispenses with those consent requirements in emergencies. The specific consent rule must remain distinct from the requirement for a joint spousal request.
Residency and Medical Records
A non-citizen must hold valid UAE residency for at least one year before submitting the request under Article 5(6).
The doctors must prepare a case report identifying the pregnancy’s duration, the reasons for abortion, and the necessary approvals. The record must also describe procedures undertaken after admission.
Committee Approval and Counseling
The committee formed under Article 6 must approve the procedure. It is established within each health authority by the Minister or the authority’s head.
Its membership includes three doctors, including obstetrics and gynecology and psychiatry specialists, plus a public prosecution member. It may seek additional specialist assistance.
Medical and social counseling must be provided before and after the procedure. These requirements form part of the regulated care pathway.
Need Clarity on the Legal Requirements?
Discuss the applicable legal grounds, consent, documentation, and approval requirements with our lawyers.
Penalties Under the Medical Liability Law
Article 33 addresses a physician who deliberately performs an unlawful abortion or guides a woman to the means of obtaining one.
Subject to Article 16’s permitted cases, the penalty is imprisonment for up to four years. This applies whether the woman consents or not.
If the abortion causes her death, imprisonment is at least five years and no more than ten years.
Penalties Under the Crimes and Penalties Law
Article 391 of Federal Decree-Law No. 31 of 2021 provides the following penalties:
- A woman who deliberately aborts herself faces imprisonment for up to one year, a fine up to AED 10,000, or both.
- A person who deliberately causes an abortion with her consent faces imprisonment of at least two years or a fine of at least AED 10,000.
- If the offender is a doctor, surgeon, pharmacist, midwife, or other technician, temporary imprisonment may reach five years, without prejudice to a stricter penalty.
- A person causing an abortion without the woman’s consent faces temporary imprisonment for up to seven years.
- An attempt is punishable by half the penalties prescribed in Article 391.
The applicable offense depends on the conduct, the person’s role, consent, and the relevant statutory provisions. The different provisions are not interchangeable penalty options.
Article 36 of the Medical Liability Law excludes penalties under other laws for acts penalized by that law. This qualification matters when assessing a physician’s conduct under Article 33.
If an investigation follows, the guide to responding to a criminal complaint in Dubai explains the procedural context.
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