Fertility Treatment Law in UAE

Married couples now can Freeze & Store their Embryos for 5 years. For the first time in the UAE, the new ART law allows IVF embryos to be vitrified and banked for future FET cycles. Earlier, Freezing & Storing Embryos was prohibited by the Emirati ART law. The Emirati and international couples seeking IVF Treatment in the UAE could only freeze unfertilized oocytes and sperm, meaning many have to travel overseas for IVF if they wanted to freeze the embryos for future FET cycle(s) instead of starting IVF again.

Now, the UAE’s ART law permits the couples to vitrify fertilized eggs (embryos) and store them for the future FET–IVF cycles. The Embryo Vitrification & Storage process requires just two things: approval from the UAE’s Ministry of Health to preserve embryos and the couple’s written consent to store their embryos in the cryobank.  

The changes also have been made for Gamete Freezing & Storage. The new ART law allows unmarried women & men to freeze their eggs or sperm for 5 years (the storage can be prolonged on request). This is a positive step in Fertility Preservation for those who are undergoing medical Treatments which affect fertility, and those who choose to get married at an older age.

Let’s get a closer look at ART law in UAE

Who can apply for Fertility Treatment in UAE?

• Married couples both Emirati & international.
• Singles can apply for Egg Freezing or Sperm Freezing & Storage but cannot apply for IVF Treatment.

Who cannot apply for Fertility Treatment in UAE?

• Singles wishing to do IVF with Egg or Sperm Donation.
• Nonmarried couples.

Patient eligibility criteria

• The couple has been trying to get pregnant at least for one year (12 months).
• The couple has been diagnosed with infertility (male infertility, female infertility, or male & female infertility).
• Both husband and wife have consented to do IVF Treatment.
• The couple is officially married & has the official Marriage Certificate. 
• The couple has a document from the Physician(s) certifying that ART is not dangerous neither for the wife nor for a fetus. 

Under existing legislation, the Emirati and foreign couples seeking Fertility Treatment in UAE are allowed to do:

• IUI using the husband’s sperm (Intrauterine Insemination).
• GIFT (Gamete Intrafallopian Transfer).
• ZIFT (Zygote Intrafallopian Transfer).
• IVF using the wife’s oocytes and the husband’s sperm (In Vitro Fertilization).
• IVF–ICSI using the wife’s oocytes and the husband’s sperm (Intracytoplasmic Sperm Injection).
• any universally accepted fertilization techniques, as determined by a Cabinet decision upon the proposal of the Oversight and Control Committee.

Prohibited by law Treatments: 

• IUI Treatment using the donor’s sperm.
• IVF–Egg Donation (fertilization of the donor’s oocytes using the husband’s sperm).
• IVF–Sperm Donation (fertilization of the wife’s oocytes using the donor’s sperm).
• IVF–Embryo Donation (adopting the donor’s embryo). 
• Gestational Surrogacy
• Traditional Surrogacy

Oocyte Fertilization & Implantation

• The couple can fertilize all oocytes necessary for more than one IVF cycle. 
• Extra fertilized oocytes (embryos) can be saved for future FET cycle(s).

Oocyte Vitrification & Storage

• Nonfertilized oocytes can be vitrified on the couple’s written request & consent.
• Nonfertilized oocytes can be stored for 5–year period with further prolongation on the couple’s written request & consent.

Sperm Freezing & Storage

• Sperm can be frozen on the couple’s written request & consent.
• Frozen Sperm can be stored for 5–year period with further prolongation on the couple’s written request & consent.

Destruction of the Embryos (Fertilized Oocytes’ Disposal)

• The couple asked for disposal.
• The couple got divorced.
• The death of a spouse.
• The Cryopreservation period has expired. 
• The couple hasn’t requested the prolongation for Cryostorage before the expiry date.

Destruction of the Unfertilized Oocytes (Nonfertilized Oocytes’ Disposal)

• The couple asked for disposal.
• The cryopreservation period has expired. 
• The couple hasn’t requested the prolongation for Cryostorage before the expiry date.

Prohibited by Law: 

• Using unfertilized or fertilized oocytes and frozen sperm for commercial purposes. 
• Using the couple’s unfertilized or fertilized oocytes and sperm for scientific research purposes without the couple’s written consent. 

Preimplantation Genetic Diagnosis

• Preimplantation Genetic Screening & Diagnosis can be performed on IVF embryos to identify the genetic diseases before Embryo Transfer. PGD & PGS is performed on the couple’s request & written consent. 

Egg & Sperm Shipping to UAE and from UAE

The old UAE’s law prohibited shipping of unfertilized & fertilized oocytes and sperm from the UAE IVF clinic(s) abroad for completing the Treatment cycle. It was also prohibited by law to ship & transfer unfertilized & fertilized oocytes and sperm from IVF clinics located abroad to the UAE IVF clinic(s) for completing the Treatment cycle. 

Under the New IVF Law, subject to compliance with certain controls and procedures, samples of frozen unfertilized or fertilized oocytes or frozen sperm may be taken abroad if prepared in the UAE, or brought into the UAE, if prepared abroad.

Transferring eggs & sperm from one to another IVF clinic

Unfertilized & fertilized oocytes and sperm cannot be transferred from one to another clinic without the couple’s written consent & approval of the Health Authority. 

Something to add?

ART & Genetic Research in the UAE continues to be a leading topic. The new ART law features many positive steps such as post–Egg Freezing IVF, Embryo Vitrification & Storage, and FET (Frozen Embryo Transfer), which will lead to increased IVF cycles’ volumes & fertility rates in UAE. It will not only significantly reduce the cost of future IVF cycles for couples who have stored extra embryos but also assist with decreasing the stress and anxiety associated with IVF. 

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