Medical Assistance in Reproduction (“MAR”) refers to advanced medical technologies, including IVF, which assist individuals and couples with the conception of a child in circumstances such as infertility or genetic predispositions.
In a further move towards ensuring that the UAE remains a country where expatriates can enhance their quality of life, promote their happiness and safeguard their fundamental rights, Federal Decree-Law No. 17 of 2023 was introduced, amending certain provisions of Federal Law No. 7 of 2019 concerning Medical Assistance in Reproduction.
Key Provisions of the Decree
Broadly, the provisions of the Decree include:
- Recognition of all licensed centres that facilitate Medical Assistance in Reproduction.
- Recognition of various MAR techniques, while providing the relevant local health authorities with the power to add new techniques, taking into account the conditions and controls stipulated by the law.
- Providing guidelines to licensed centres regarding the conditions for assessing beneficiaries and determining the appropriate MAR technique, while also outlining prohibited practices.
- Providing a framework for unmarried expatriate couples whereby the couple may apply to the relevant Health Authority to use an approved MAR technique, provided that they submit an acknowledgement confirming that the lineage of the newborn is attributed to either of them, together with a certificate approved by the competent authority in the country of which either person is a national and whose nationality the child will acquire.
- Maintaining confidentiality by requiring employees of licensed MAR centres to protect the data and information of beneficiaries of MAR techniques in accordance with the law.
What Does This Mean for Expatriate Couples?
The changes are particularly relevant to the UAE’s large expatriate population, including couples who may have different nationalities or who are not married.
Where an unmarried expatriate couple is considering MAR treatment, it is important to understand the applicable UAE requirements as well as any requirements in the country whose nationality the child is expected to acquire. The relevant documentation and approvals should be considered before treatment begins.
The continued development of the MAR framework provides greater clarity for couples seeking fertility treatment in the UAE, while ensuring that licensed centres operate within an established legal and regulatory framework.
Legal Advice on MAR and Family Matters
The above information is a general overview of the changes introduced by Federal Decree-Law No. 17 of 2023 and should not be relied upon as specific legal advice.
For specific information or advice in relation to Medical Assistance in Reproduction, IVF, parentage, nationality or other family law matters, please contact our Family Department.
