September 2026 ยท Family Law ยท 10 min read ยท Basim Zain Shah
For someone seeking advice in Dubai, the useful questions are which ground applies, what evidence supports it, and who must approve the request. This guide explains the 2024 framework and how to prepare for a discussion with an authorised healthcare facility and a UAE lawyer.
The medical grounds are set out in Article 16 of Federal Decree-Law No. 4 of 2016, and the additional grounds were introduced by Article 4 of Cabinet Resolution No. 44 of 2024.
The 2024 decision requires the pregnancy not to exceed 120 days when the procedure takes place. Submitting an application before that point does not, by itself, satisfy the procedure-date condition. Ask the treating specialist to confirm the recorded gestational age and the time available for assessment โ a general online guide should never be used to decide whether urgent medical treatment can wait.
Article 4 requires an official report from the competent UAE Public Prosecution for the nonconsensual-intercourse and prohibited-relationship grounds. A personal account alone does not replace that statutory report. Ask a lawyer to identify the appropriate reporting route and documents already available, and keep existing reports and reference numbers together.
The health-authority committee includes three doctors, with obstetrics and gynaecology and psychiatry represented, plus a Public Prosecution representative. Treatment must take place at an authorised facility and be performed by a licensed obstetrics and gynaecology specialist.
Article 6 gives the committee five working days from submission to approve or reject the referred request, with reasons, and it may request additional information. The woman, husband or guardian may appeal within five working days of notification to the Minister or health-authority head, whose decision is final. Record the referral and notification dates, and if a request is refused, obtain the written reasons promptly so a lawyer can assess the stated grounds and the available response within the deadline.
Article 5 requires the woman's written consent. If obtaining it is impossible, the husband's consent is required, or the guardian's in his absence. In emergencies, consent from any of them is not required. The joint-spousal-request ground is a separate question.
Yes, subject to its conditions. A non-citizen must hold a valid UAE residence permit for at least one year before submitting the request. Tourists should not assume that visiting the UAE establishes eligibility under this route.
Healthcare facilities are required to protect the privacy and confidentiality of personal information. Article 7 also addresses access and disclosure, including Public Prosecution or court decisions โ confidentiality is not absolute. Ask which team members will access the record and give the facility a contact method you can safely use.
Prepare identification and residence records, available medical reports, scan results, relevant official reports and any previous decision or referral. This is a preparation checklist, not an exhaustive statutory list โ ask the facility which originals, translations or additional records it needs for your circumstances.
Article 5 requires medical and social advice before and after abortion. Ask the clinical team to explain follow-up arrangements, whom to contact with concerns, and the support available to you, and make sure you understand the instructions before leaving the facility.
A UAE lawyer can help assess the proposed legal ground, evidence, consent issues or reasons for refusal. Bring the relevant records and a short chronology, including any notification date. Our Family Law team advises on matters arising under this framework โ read more about our Family Law practice.
This article provides general legal information about the 2024 framework, not individual legal or medical advice. Confirm the current law and health-authority requirements for the particular case, and seek urgent medical care immediately if needed.