Your Perfect Guide to Successful Surrogacy in the United Arab Emirates
Dubai: Innovative legislation has unlocked the possibilities for intended couples to initiate gestational surrogacy arrangements in the UAE legally.
Intended Couples (including non–Muslims) can now have a baby via surrogate, which, previously, was not possible as there was no legislation recognizing surrogacy. However, the situation changed in November 2023 when Emirati experts blueprinted, negotiated, and enforced the new surrogacy law, eliminating the earlier set ban.
The long–anticipated changes in medically assisted reproduction law were finally implemented by the Emirati government at the end of November, offering a unique chance to many infertile couples to have an in–country experience without the legal hurdles of traveling abroad and coming back.
The United Arab Emirates (UAE), one of the most modern and mysterious countries not only in the Middle East but also in the world, finally legalized gestational surrogacy using sperm and eggs of the couple in November 2023. This notable step changed the Emirati policy of reproductive techniques and medically assisted pregnancy to be more inclusive. These legal alterations, introduced after a substantial period, reflect a more innovative approach to fertility laws in the country.
The United Arab Emirates envisaged and implemented significant changes to its fertility laws, allowing non–Muslim couples and unmarried couples residing in the country to access in vitro fertilization (IVF*) that was previously allowed only for married couples.
*IVF typically involves the extraction of oocytes from a woman and collection (in rare cases, when the collection is impossible, then — non–surgical/non–invasive or surgical/invasive extraction) of sperm from a man, which is then utilized to create the embryo (oocytes are fertilized with sperm) in the IVF lab. to facilitate pregnancy. While sperm or oocytes from the donor may be used in cases of severe male or female infertility, for all situations, when it is possible to create an embryo using the prospective couple’s germ cells instead of donated, the clinicians avoid the donor’s gametes.
For Muslim couples seeking in vitro fertilization services, still, the marriage certificate is needed to start the treatment process.
Additionally, the Emirati government has legalized and decriminalized surrogacy (previously, it was considered a criminal offense if initiated in the country), enabling any woman who meets the eligibility criteria to be a surrogate for a couple suffering from a medical condition that makes conception and childbirth dangerous or not possible. Specifically, Article 9(3), which previously prohibited the performance of surrogacy, has been removed, adapting the new law to the constantly changing realities (like a growing number of couples with fertility issues) and challenges in the healthcare (particularly reproductive care) sector.
These changes have been welcomed by Emirati and international experts, who say that infertile couples, including foreigners, now have more options than ever to conceive via IVF or have a child via surrogacy.
To anyone who hasn’t had any experience with the surrogacy process, it can be a completely unknown concept that needs to be explained further. It is about falling pregnant via intrauterine insemination, known as IUI treatment (traditional surrogacy) or IVF embryo implantation (gestational surrogacy), carrying the baby to term, and giving birth to someone else (a single parent or couple) who is unable to do it themselves.
The United Arab Emirates legalized gestational, also known as “host” surrogacy — which means the surrogate mother has to implant an embryo created during in vitro fertilization (IVF) treatment from a prospective mother’s or donor’s egg and prospective father’s sperm — so the baby isn’t biologically surrogate’s as the genetic makeup comes from the baby’s parents.
This type of surrogacy only uses the surrogate’s womb to gestate an embryo and give birth to a fetus. Since the surrogate mother has no genetic connection to the child she carried and gave birth to, she is not the legal mother and has no parental rights under current law.
The United Arab Emirates is a Muslim country where the Islamic legal system (Sharia law) governs many aspects of life, including family law.
Under Sharia law, the woman who gives birth to a child is considered the child’s mother, regardless of genetic link with the newborn. This may create challenges for surrogacy arrangements, as the surrogate mother might be considered the legal mother of the child.
Additionally, it is worth noting that in some cases, she (the surrogate) may claim the legal rights to the child she gave the birth to, arguing that she is the child’s biological mother and child’s (legal) mother under Sharia law. In such situations, the intending couple and the surrogate will face many legal issues, including potential criminal offenses leading to potential legal consequences as the regulations require that the intended parents (both mother and father) must be genetically related to the child born via surrogate.
While some surrogate mothers may consider doing a traditional (“straight”) surrogacy for the couple, which would involve using the surrogate’s egg and the intended father’s sperm (the fertilized egg will contain the surrogate’s DNA and genetic material of the prospective father), such arrangements are not initiated because of the legal complexities involved and the different scenarios they may entail.
The Aspiring Mother Must Have the Medical Indication.
For any couple who wants to use an Emirati surrogate (including non–Muslim married couples), the primary eligibility criterion to start the process is the aspiring mother’s inability to conceive and give birth to a child due to medical reasons. These health conditions typically include:
Additionally, there is one ore envisaged criterion for the intended mother to start the process — she must have functional ovaries to produce viable oocytes for the in vitro fertilization round, as using the donor’s oocytes is still illegal for both Muslim and non–Muslim couples in the country.
The Intending Couple Must Be Married & Have a Valid Marriage Certificate.
The couples in the UAE (including non–Muslim expats) seeking gestational carrier must be married and have a valid marriage certificate to apply for IVF surrogacy.
Single individuals or unmarried couples are not eligible for the surrogacy process. Additionally, intended parents must be UAE citizens or Emirati residents and have a valid identity cards or residency permit issued by the country’s government.
*Non–Muslim unmarried couples living in the UAE and desiring to have a baby via surrogacy can marry in the country according to the laws introduced in November 2021.
The Broad Consent of the Relevant UAE Regulator Is Required to Start the Procedure.
Before entering into a surrogacy arrangement, the intending couple must gain the broad consent of the relevant UAE regulator under Article 8 to use the surrogate mother. Once approved, the process can go forward.
The Chosen Clinic Must Be Licensed.
Additionally, all medical procedures involved in the surrogacy process (as well as fertility treatments for those who don’t use a surrogate) are performed at licensed clinics to protect the rights of both the surrogate mother and the intended parents.
The legislation changes also led to establishing earlier envisaged criteria for surrogate mothers. According to the law, the surrogate mother must be a UAE citizen or resident (with a valid residential permit), ideally between the ages of 25 and 35. She must have a healthy medical history with at least one successful pregnancy and uncomplicated delivery, have at least one healthy child, have no criminal record, and be physically and mentally capable of carrying the pregnancy to term and giving birth to the baby.
The United Arab Emirates Ministry of Health & Prevention requires surrogates to undergo several rounds of assessments, including their medical history, current health (physical and mental) status, existing child or children, criminal background, and understanding of the legal and emotional commitments involved in surrogacy.
Most Emirati fertility clinics and agencies do the basic health investigation followed by a full medical screening of prospective surrogates. Routinely, this intense screening includes healthy BMIs, a healthy genetic profile, a functional reproductive system (specifically, uterus), a history of successful pregnancies and deliveries, and screening for factors such as medications being taken at present and in the past, conditions like prediabetes, type 2 diabetes or gestational diabetes during past pregnancies, and mental health histories, as the health and wellness of a surrogate, are essential for a successful pregnancy.
If the potential surrogate’s health status is compliable with the preset criteria, clinicians consider her eligible to proceed with the surrogacy process.
Although surrogacy is a new licensed service in the Emirati ART healthcare system, it shares similar baseline steps that each arrangement must meet to be formally authorized and implemented after authorization.
The process involves several initial steps before proceeding with in vitro fertilization and transfer of the embryo to the surrogate mother.
Any surrogacy arrangement involves a legally binding contract addressing issues like medical consents, insurance, fertilization, embryo transfer, who makes the decisions during pregnancy, financing, what–if scenarios (anticipated: multiple pregnancy, premium care for the surrogate, and undesirable scenarios: lost wages, emergency surgeries and care, C–section, preterm birth), compensation, the presence during the baby’s birth, and post–birth parental rights. A surrogacy contract is typically mandated to facilitate informed consent of the aspiring parents and surrogates. However, specific regulatory processes may vary slightly between Emiratis.
Once the first steps are completed and the legal contract is signed by the parties, the clinicians start working on the fertility treatment protocol for the aspiring couple and synchronously prepare the surrogate for a potential pregnancy.
Once the embryo is transferred, the surrogate’s potential pregnancy begins. Around two weeks after the transfer procedure, the surrogate takes early pregnancy tests to confirm that she is pregnant. If tests are positive, the fertility specialist schedules the ultrasound scan to verify a viable pregnancy. From here, the gestational mother will carry the pregnancy like any other pregnancy. She will continue receiving prenatal care and visiting the clinic, and starting from week ten of her pregnancy, she will be released to an Obstetrician who will take care of her until the birth.
Once the baby is born, the couple must obtain a court order to establish their legal parentage. This process may take several months and requires the assistance of an experienced lawyer.
One of the main legal considerations around surrogacy and IVF in the United Arab Emirates is the issue of citizenship. Children born through surrogacy or other medically assisted reproduction treatments like intrauterine insemination or in vitro fertilization are not automatically granted Emirati citizenship. Instead, the child’s citizenship is determined by the parents’ citizenship. If the child’s parents are UAE citizens, the government will grant the child UAE citizenship. However, if the parents are not Emirati citizens, their child will have citizenship from their parents.
The estimated cost of Emirati gestational surrogacy in 2024 ranges between $39,000 USD and $69,000 USD, but this initial estimate may not reflect the total cost.
The total cost differs from the initially negotiated one as each case is unique, needs the adjustment of specific services, and may involve several trials instead of one. The initial price tag includes the expenses associated with medical screenings, legal consultations, receiving the necessary documents to authorize the process, insurance, preparing the legal contract, and basic fees for in vitro fertilization and embryo transfer procedures. The final price tag adds the extra IVF rounds (which might be necessary because of poor oocyte quality, low sperm count, or failed fertilization attempts), extra transfer trials, vitrification of extra embryos left, preimplantation genetic testing, prenatal care of the surrogate, any expenses in case of multiple pregnancy, lost wages, Caesarian section delivery, neonatal care, post–birth (postpartum) care, and other services, procedures, consultations, legal services and any other additional expenses paid during surrogacy.
Wrapping things up, the final cost of surrogacy in the UAE can vary significantly depending on individual circumstances and the specific services required.
After the Emirati government modified its legal framework to allow surrogacy, fertility clinics started working on the blueprints of the policies on surrogate screening, legal processes, and ongoing support for couples and surrogate mothers during and after pregnancy to manage arrangements better.
Clinics hired more fertility professionals, including top talents, introduced the roles of bilingual and multilingual dedicated surrogacy case managers, coordinators & assistants, and put more emphasis on support from fertility counsellors. All these positive changes significantly increased the interest of Emirati and international infertile couples seeking surrogacy services and gave them hope of completing the process in the country.
The notable alterations in Emirati fertility regulations now legally also allow unmarried young women (Muslim and non–Muslim) to vitrify their fertile oocytes for future use in IVF cycles without medical indications (“Social Freezing”) and men to bank their healthy sperm until they want to proceed with using it in either IUI or IVF/ICSI, which were not previously the options in the country. These changes in Emirati fertility laws are being positively accepted by the experts and infertile couples as transformative and more inclusive approach to the unique needs in the infertility space.
In the past, unmarried women who were permanently or temporarily residing in the UAE could not freeze their eggs. Starting from January 01, 2021, when the new regulations on reproductive health were introduced by the government, single and divorced Emirati women were allowed to vitrify their oocytes for medical reasons to preserve their fertility options before undergoing chemotherapy or treatment involving radiation or surgical removal of an ovary or ovaries (oophorectomy) or for those diagnosed with autoimmune diseases or at high risk of developing premature ovarian failure. The use of deposited frozen eggs to conceive via IVF round was, however, limited to married couples only. The new UAE law (updated in 2023) enables all single women, Muslim and non–Muslim couples seeking to freeze their oocytes for fertility treatment in the future to store their eggs, giving more people the chance to become parents. Moreover, the modified legal framework permits the use of frozen oocytes for non–Muslim couples who no longer have to be married to use their frozen eggs.
Like a full IVF cycle, egg freezing, sometimes termed “oocyte vitrification,” involves collecting healthy eggs from female ovaries and cryopreserving them either via a rapid method called vitrification or slow freezing. Once cryopreserved, the vials containing the oocytes are stored at a fertility clinic until the couple decides to undergo an IVF treatment.
Oocytes can now be cryopreserved for up to five years, with the possibility of extending the storage timeframe (earlier, the maximum storage period was limited to five years only)
Unlike egg freezing, where oocytes are collected via minimally invasive surgical retrieval under anesthesia, sperm collection in healthy men is non–invasive procedure. After being collected, sperm is cryopreserved and quarantined to safeguard against infections such as hepatitis B or HIV, which have a long incubation period. If the quarantined sperm sample is clear of infectious agents, then sperm can be recollected, vitrified, and stored until needed.
For cases when sperm collection is not possible, mini–invasive surgical sperm retrieval is performed to collect the sperm sample, which is then vitrified and stored for future IUI or IVF procedures.
In addition to legalizing surrogate motherhood and fertility preservation for single women and men, the government eliminated the ban on IVF for unmarried couples.
Unmarried non–Muslim couples (along with married non–Muslim and Muslim couples residing in the UAE) can now apply for permission from the relevant Emirati health authorities to start an IVF treatment, provided they agree to register the newborn baby (babies — in case of giving the birth to multiples as a result of successful in vitro fertilization) under both their names.
There were two key factors that led to the government’s decision to allow unmarried, non–Muslim heterosexual couples to undergo IVF treatment (using the couple’s egg and sperm) in the United Arab Emirates: constant relocation of non–Muslim couples from other countries to Emirati and growing demand of a high–class medically assisted reproduction among the couples who are looking for premium fertility care and considering the UAE as their destination of medical tourism. These factors influenced the final government’s decision to legalize IVF services for those who are not married yet, as these practices were previously against the law until marriage.
The recently implemented new legal framework on medically assisted reproduction not only embraced IVF for unmarried couples but also introduced new regulations governing the utilization of embryos created during the IVF procedure. Previously, vitrification of the embryos left after transfer was prohibited, but this is no longer the case as the Emirati government legalized embryo freezing as well as the transfer of frozen embryos when the couple decides to proceed with a new round of fertility treatment.
Cryopreserved embryos can be stored at a fertility clinic for up to five years, with the potential possibility of extending this timeline if necessary.
Every couple faces different health issues when seeking surrogacy or other type of infertility treatment. The latest Emirati updates of laws regulating assisted reproduction techniques eliminated the restrictions and have given way to a more inclusive approach, empowering singles and couples to make personal choices about their future.
Unmarried and single women (Emirati Muslim and non–Muslim expats) have been granted the right to freeze their fertile oocytes for non–medical reasons. Non–Muslim unmarried couples wishing to conceive have been allowed to do IUI and IVF procedures with the use of their gametes and embryos only.
Additionally, the new regulations offer greater inclusivity and flexibility by allowing the renewal of storing frozen embryos and oocytes beyond the initial five–year term. Moreover, non–Muslim unmarried couples can use their vitrified embryos in frozen embryo transfer procedures, which was impossible in the past.
The key legal update — is permitting surrogacy for married couples who are unable to carry a child to term for medical reasons (but only if eggs and sperm are taken from the couple, as using egg and sperm banks remains illegal).
To sum up, the revised laws on IVF and surrogacy now provide couples with inclusive and more flexible options compared to the previous regulations, which included the ban on surrogacy and prohibition to start fertility treatments for unmarried non–Muslim couples. These legislative updates have already led to an increase in demand for fertility services among expats, international couples, and single women, making the UAE a major hub (even the hotspot) for medical tourism in the Middle East region.
At Ovu Surrogacy & Fertility Network, we understand the deeply personal and emotional nature of the journey to parenthood. With our values of empathy and inclusivity at the core of everything we do, we are here to listen and hear you and to transform your hope into your IUI, IVF, or surrogacy journey, no matter what infertility barriers you may face.
Make the first step towards your dream today: https://ovu.com/advice
References:
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