Legislation brief:

Federal Decree-Law No. (17) of 2023 constitutes a major amendment to Federal Law No. (7) of 2019 on Medical Assistance for Reproduction. It aims to update the legislative framework in line with medical and technological advancements while reinforcing ethical and regulatory controls in this sensitive domain.

The decree includes the replacement of Articles (2), (7), (8), (9), (10), (12), (13), (14), (16), and (22). The amendments expanded the scope of the law to cover centers located in free zones and allowed each emirate to enact its own local legislation without contravening federal provisions. Mechanisms were also introduced for identifying assisted reproductive technologies in coordination with the Ministry of Health and local health authorities, with provisions to allow the addition of new techniques under specific conditions.

Regarding conditions and regulations, Article (8) was detailed to require proof of the impossibility of natural conception, official marriage documentation, prior written consent, and a full explanation of procedures and costs. It also mandated that fertilization be performed only in the presence of both spouses. A special procedure was included for non-Muslims in cases where a marriage certificate is not available.

The amendments also prohibited certain practices such as third-party fertilization of ova or sperm, limited the preservation period of fertilized ova to five renewable years, and imposed strict conditions to prevent mixing or unauthorized use of samples for commercial or research purposes without prior approval. Mechanisms for disposal in cases of death or the end of a marital relationship were also established, along with strict confidentiality measures and adherence to scientific standards by medical personnel.

In terms of oversight, the law granted judicial enforcement authority to personnel appointed by the Minister of Justice or the local judicial authority, in coordination with health entities—enhancing inspection mechanisms and enforcement.