UAE abortion laws now apply to cases of rape, incest: All you need to know

Cabinet Resolution No. (44) of 2024 related to the Medical Liability Law will permit abortions in cases of non-consensual intercourse or when the pregnancy is caused by a close relative.

While these changes mark a major step forward for women’s rights in the UAE, strict conditions will apply and the resolution is still pending official publication.

The new law specifies that abortion is now permissible “if the pregnancy is the result of intercourse with a female against her will, without her consent, or without adequate volition” and “if the person who caused the pregnancy is an ancestor of the women or one of her mahram relatives,” Nicola Oliver, Lead Midwife at NeoHealth, told Arabian Business.

She highlighted that the law already allowed abortions in cases of severe risk to the mother’s life or fatal fetal abnormalities.

Key provisions of the new law include:

• Women must report the circumstances immediately to authorities
• Confirmation from Public Prosecution is required
• The fetus must be less than 120 days old
• The law applies to female residents who have been in the UAE for at least a year

“These changes are a huge step forward for the UAE, for all its female residents,” Oliver said.

“It shows a desire to protect the women who are left with the consequences of such crimes and by clearly defining the conditions and procedures for these abortions there is no ambiguity.”

The amendment also aims to combat illegal and unsafe abortion practices, which can lead to severe maternal complications or death.

Qualifying for an abortion in UAE

“This area of law continues to undergo rapid change in the UAE following the publication of a cabinet resolution identifying 3 further instances where abortion may take place in the country,” said James Clarke, Of Counsel at law firm BSA.

Pregnancy termination is legally sanctioned in the UAE under these 5 specific cases:

• When conception occurs due to non-consensual or forced sexual activity.
• In cases where the pregnancy results from familial relations, specifically involving blood relatives or close family members.
• Upon joint application by the married couple, subject to committee endorsement. The specifics of eligible spousal requests remain undefined in the current guidelines.
• If carrying the pregnancy to term poses a significant threat to the mother’s wellbeing.
• When medical evidence confirms severe fetal abnormalities that could substantially impact the viability or quality of life of the child post-birth.

Clarke outlined the abortion approval process:

• A committee formed by the health ministry, consisting of an obstetrics/gynecology specialist, a psychiatrist, and a public prosecution representative, will review cases.
• The committee has five business days to reach a verdict, which must be unanimous and supported by state-approved religious authorities.
• If consensus isn’t reached, the matter is escalated to the Minister or health authority head.
• Appeals can be made by the expectant mother, her spouse, or her legal representative within five days, with the final decision being non-negotiable.

Abortion risks and illegal cases

While the law has expanded abortion access in specific cases, it remains illegal for other reasons.

Regarding abortion risks, Oliver emphasised that the procedures are generally safe but carry some risks. “Before 14 weeks, medical abortion can result in about 70 out of 1,000 women needing additional procedures due to retained pregnancy parts, with serious complications like heavy bleeding or womb damage occurring in approximately 1 out of 1,000 cases,” Oliver explained.

Both experts agreed that these changes represent a significant advancement in women’s rights in the UAE.

“This is a positive step forward in women’s rights within the UAE. The UAE authorities recognised the need for women to be able to access abortion care when they are subjected to rape or incestual crimes,” said Oliver.

“These changes represent a further significant step towards bringing women’s rights and liberty in line with broader international standards and are consistent with the host of other positive changes to family law in the UAE empowering women, introduced in line in accordance with the principles established by the late H. H. Sheikh Khalifa bin Zayed Al Nahyan before he passed away in 2022,” said Clarke.

The cabinet resolution will take effect upon its announcement in the UAE’s Official Gazette, solidifying this progressive step in the nation’s legal framework.