Nearly five weeks since the UAE legalised surrogacy for non-Muslim couples, lawyers, clinics and support groups report a flurry of interest from hopeful intended parents seeking guidance.
While more specific regulations are yet to be announced, the policy shift has removed barriers for many to build families through this assisted reproduction route. However, important discussions also continue around supporting surrogates’ well-being within what remains to be an emotional process for all.
At the Dubai-based law firm BSA, lawyer James Clarke notes receiving “requests on approaching a daily basis” since the new law was introduced. “It is encouraging that so many couples are seeking legal advice as they plan for one of the most important decisions of their lives.”
Similarly, fertility doula and founder of Facebook group IVF Support UAE, Cassie Destino, has fielded “a few questions” though acknowledges that surrogacy addresses specific clinical needs. Exact take-up predicitions differ, with Clarke foreseeing demand rise as regulations clarify while Destino sees the service helping “some” given specialised circumstances it addresses.
New UAE fertility laws embrace surrogacy
Last month, the UAE took a major stride forward in expanding reproductive rights and healthcare access with recent changes to its fertility treatment laws, which saw the legalisation of surrogacy for unmarried non-Muslim individuals and couples.
Surrogacy involves significant medical, legal and ethical considerations due to the complex nature of carrying another person’s child. While intended to help families, surrogacy can pose dangers if not properly screened and managed. Co-founder and CEO of Nabta Health, Sophie Smith, told Arabian Business last month that she expects the UAE health ministry to require surrogates to undergo assessments of their medical history, current physical and mental well-being, age (likely between 25 and 35 years old), existing children, criminal background, and understanding of the legal and emotional commitments that come with surrogacy.
While regulations vary widely between jurisdictions, many countries permitting surrogacy share similar baseline criteria that arrangements must meet to be formally authorised. Common standards include requiring intending prospective parents to be at least 18 years of age and demonstrate both psychological and financial suitability to permanently care for any children resulting from the process.
A legally binding contract addressing issues like compensation, medical consents and post-birth parental rights is typically mandated to facilitate informed consent. However, specific regulatory processes and details vary significantly between regions. Some progressive locales now enable altruistic surrogacy between approved family and friends as well.
Globally, the surrogacy market value was estimated to be around $167.2 billion in 2022 and is anticipated to grow at a yearly rate of 6.8 percent to $302.3 billion by 2031 as infertility rates continue to increase leading more couples and individuals to turn to this option. With the new laws, the UAE is well-positioned to contribute substantially to the expanding market, especially as more career-focused women who delayed having children now seek surrogacy options in their 40s and 50s.
Prioritising career and late parenthood
Some experts hypothesize the new pathway may aid women postponing motherhood.
“With a lot of women now choosing to have babies in their late 30’s [or] early 40’s, more often than not I am hearing that they are experiencing struggles which sometimes cannot be overcome. For many women, I can imagine that the route of surrogacy would bring freedom and hope,” said Gemma Carroll, founder of Dubai-based wellness company The Refillables.
“This route can change people’s lives, and give huge hope to those who find it difficult to conceive,” she said, adding that the option also empowers planning families with suitable partners rather than rushing ties that could end poorly.
“Becoming a parent is one of the toughest things to do, and with the wrong partner, this can only lead to a dysfunctional family where potential trauma for a child can be created.”
However, not all view large-scale interest, with Destino cautioning eligibility criteria and the service’s specificity.
Support and screening
Prioritising communication and wellbeing remains vital, the experts said. For Clarke, regulations should provide parentage certainty mirroring international standards to allay legal risks. Destino emphasises screening surrogate candidates’ medical histories, psychology and backgrounds.
Carroll highlights ensuring “consensus and agreement from the outset” through guided discussions over sensitive topics. Her view of surrogacy as empowering does not preclude acknowledging the complexity, adding “boundaries can be pushed and exploited” so agencies must ensure volunteer motives align with ethics of the process.
With the pathway in nascent stages, continued discussion seeks the right regulations and industry practices to fulfil its promise responsibly for hopeful families while respecting all involved. As one door opens, understanding how best to steward such opportunities safely merits ongoing focus. It is yet to be determined whether the UAE’s growing population will take an interest in going the surrogacy route.
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