Legislation Details
- Full Title: Federal Law Concerning Medically Assisted Reproduction
- Law Type: Federal Law
- Law Number: [no number] of 2019
- Issued Date: 19 Dec 2019
- Effective Date: 01 Jan 2020
- Official Gazette: No. 669
- Sector: Healthcare
- Status: Active
- Number of Articles: 78
- Chapters/Parts: 0
- Amendments: 1
Summary
This Federal Law regulates the practice of medically assisted reproduction techniques in the United Arab Emirates. Its purpose is to regulate the work in the field of assisted reproductive technology, protect the community against illegal practices, and ensure the utilization of the most up-to-date assisted reproductive technology. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 3) The law applies to all centers in the UAE, including those established in free zones, and establishes the competences of the Medical Body to license, supervise, and monitor these centers. It sets out detailed conditions and controls for the practice of assisted reproductive technology, including requirements for spousal consent, medical approvals, and limitations on the use of eggs and sperm. The law also specifies penalties for non-compliance and establishes a National Committee to oversee its implementation. (Federal Law Concerning Medically Assisted Reproduction, 2019, Arts. 2, 4, 8, 9, 33)
What is the scope and purpose of this law?
The provisions of this law apply to all centers in the UAE, including those established in free zones, that provide medically assisted reproduction services. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 2(1)) The purpose of this law is to: 1) regulate the practice of work in the field of assisted reproductive technology; 2) protect the community against illegal practices; and 3) ensure the utilization of the most up-to-date assisted reproductive technology. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 3)
What are the key definitions under this law?
The law provides the following key definitions:
- State: The United Arab Emirates
- Ministry: Ministry of Health and Prevention
- Minister: The Minister of Health and Prevention
- Medical Body: Any Federal or Local Government health bodies in the State
- Centre: The licensed establishment or unit where Assisted Reproductive Technology is made
- Assisted Reproductive Technology (ART): Medical techniques and procedures which help effectuate extracorporeal conception, including all clinical and biological interventions that are necessary to effectuate extracorporeal conception
- Concerned Subjects: The person from whom sperm or unfertilised ova are extracted
(Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. Centres must obtain a license from the Medical Body to operate in the UAE and meet the licensing conditions, including providing the necessary medical, technical, and administrative resources. (Federal Law Concerning Medically Assisted Reproduction, 2019, Arts. 5, 6) 2. Centres must adhere to specific conditions and controls when practicing assisted reproductive technology, such as obtaining spousal consent, medical approvals, and following procedures for fertilisation, preservation, and destruction of eggs and sperm. (Federal Law Concerning Medically Assisted Reproduction, 2019, Arts. 8, 10, 11, 12, 13) 3. Centres are prohibited from certain practices, such as performing fertilisation between a sperm obtained from a man other than the wife and an egg taken from the wife, or vice versa. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 9) 4. Centre staff must maintain the confidentiality of beneficiaries' data and information and carry out their work in accordance with recognized scientific and professional principles. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 16)
What licensing, registration, or approval requirements exist?
The law requires that a natural or juridical person obtain a license from the Medical Body to establish, operate, or run a Centre within the UAE, including in free zones. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 5) The licensing conditions include providing the necessary medical, technical, and administrative resources, as determined by the Implementing Regulations. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 6) The Medical Body is responsible for deciding on the licensing applications, determining the Centres' level of activity, and ensuring they meet the licensing conditions. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 4(1))
What rights and protections does this law provide?
The law does not explicitly specify any rights or protections granted to individuals under this legislation. The focus is on regulating the practice of medically assisted reproduction and establishing the obligations and prohibitions for Centres and their staff.
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Medical Body: This body is responsible for licensing Centres, supervising and monitoring them, deciding on complaints and reports, investigating violations, and imposing administrative penalties. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 4) 2. The Minister of Health and Prevention: The Minister is responsible for determining the medically assisted reproduction techniques, issuing implementing regulations, and coordinating with local health authorities. (Federal Law Concerning Medically Assisted Reproduction, 2019, Arts. 7, 34) 3. The National Committee: The law mandates the establishment of a National Committee to oversee the implementation of this legislation. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 33)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance: 1. Temporary suspension of the Centre's license and the right to appeal such a decision. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 23) 2. Disciplinary penalties that may be imposed on Centres, their directors, and health profession practitioners, in accordance with the legislation in force in the UAE. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 24) 3. Penal sanctions, including imprisonment and fines, for violations of the law's provisions. The specific penalties are to be determined by the Implementing Regulations. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 26) 4. Closure of Centres that fail to comply with the law's provisions or the decisions issued by the Medical Body. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 30)
What exemptions or exceptions apply?
The law provides an exception for non-Muslim involved parties to use medically assisted reproduction techniques without a marriage certificate, provided they submit an acknowledgement that the lineage of the newborn is attributed to either of them, duly certified by the competent authority in the country of their citizenship. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 8(2)) Apart from this exception, the law does not specify any other exemptions or exceptions to its provisions.
How does this law interact with other UAE legislation?
The law references several other UAE federal laws and decrees, including: - Federal Law No. (1) of 1972 concerning the Jurisdictions of Ministries and the Powers of Ministers - Federal Law No. (7) of 1975 concerning the Practice of Human Medicine - Federal Law No. (4) of 2015 on Private Health Facilities - Federal Law by Decree No. (4) of 2016 concerning Medical Liability - Federal Law No. (11) of 2008 concerning the Licensing of Fertilisation Centres in the State The law states that each emirate may regulate medically assisted reproduction according to its own local legislation, and in such cases, the provisions of this federal law shall apply in matters for which there is no relevant provision in local legislation. (Federal Law Concerning Medically Assisted Reproduction, 2019, Art. 2(2))
When did this law come into effect?
This Federal Law Concerning Medically Assisted Reproduction was issued on 19 December 2019 and came into effect on 1 January 2020. (Federal Law Concerning Medically Assisted Reproduction, 2019)
Source Documents
This article analyses Federal Law Concerning Medically Assisted Reproduction for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.