The uae law on illegal pregnancy does not treat pregnancy itself as a crime. No offence carries that name. The Penal Code is Federal Decree-Law No. 31 of 2021, in force from 2 January 2022. It addresses consensual relations outside marriage separately from a child born outside marriage. It also punishes unlawful abortion.
This guide explains what each provision says, what the law requires for the child, and when abortion is lawful. It does not give advice on a particular case.
Quick Answer
Pregnancy itself is not a separate criminal offence under UAE law. However, Federal Decree-Law No. 31 of 2021 contains provisions addressing consensual relations outside marriage and the legal circumstances surrounding a child born outside marriage. The applicable consequences depend on the particular provision, facts and required legal conditions.
A child has statutory rights relating to identity, birth registration and lineage. Abortion is generally prohibited except in specified circumstances subject to medical and legal safeguards. Anyone facing a pregnancy-related legal issue should prioritise medical care, preserve the relevant documents and obtain advice before taking action.
UAE law on Illegal Pregnancy and the penal code provisions
| Situation | What the law provides | Article |
|---|---|---|
| Consensual relations outside marriage | The provision sets imprisonment of at least 6 months. Prosecution depends on a complaint by a spouse or guardian. Read the official wording of Article 409 for its exact scope before relying on it | 409 |
| A child born outside marriage | If intercourse with a woman aged 18 or more produces a child, the man faces at least two years’ imprisonment. The woman faces the same penalty. The provision does not apply if they marry. It also does not apply if either acknowledges the child and obtains the child’s official documents under the law | 410 |
| Abortion | Penalties apply to a woman who aborts herself and to someone causing an abortion with her consent. They also apply to a health professional and to someone causing an abortion without her consent. See the abortion section below | 391 |
Article 410 depends on acknowledgment and the child’s papers. Its focus is the child’s legal status rather than the pregnancy.
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The child’s rights and registration
The law protects the child’s identity whatever the parents’ status. For the continuing parent-child legal relationship, see whether parents can legally disown a child in the UAE.
| Point | What the law says | Source |
|---|---|---|
| Equal rights | The Child Rights Law applies without discrimination because of race, gender, country, religion, social status or disability | Child Rights Law Art 3 |
| Name and registration | The child has a name and is registered in the birth register immediately. He is entitled to a nationality under the laws in force | Child Rights Law Arts 8 to 10 |
| Lineage | The child has the right to be traced back to his legal parents. Parents or guardians must extract the papers proving birth and nationality | Child Rights Law Art 11 |
| How lineage is proved | Birth in a marriage, acknowledgment, evidence or scientific methods can prove lineage. Each route remains subject to statutory conditions | Personal Status Law Arts 87 to 91 |
| Penalty for not extracting papers | Imprisonment or a fine of at least AED 5,000 for violating the duty to extract the child’s papers | Child Rights Law Arts 11, 60 |
The Article 410 exemption turns on acknowledgment of the child and the child’s official documents. Acknowledgment is one way to prove lineage, subject to conditions in the Personal Status Law. It may not settle every question of legal parentage by itself. For the routes used to establish lineage, read paternity and parentage claims in the UAE.
When abortion is lawful
Abortion is prohibited in principle, with limited exceptions in the Medical Liability Law.
| Point | What the law provides | Source |
|---|---|---|
| The rule | A doctor may not perform an abortion or prescribe anything that causes one, except in the cases the law lists | Medical Liability Law Art 16, as amended by Federal Decree-Law No. 18 of 2023 |
| Danger to the woman’s life | Permitted if there is no way other than abortion to save her life. It requires a government facility or a private facility licensed to perform abortions. An obstetrician-gynaecologist must supervise it. The physician treating the condition that justifies it must approve it. The woman’s consent is also required | Art 16 |
| Serious fetal deformity | Permitted if a medical committee report proves the deformity. Approval by the pregnant woman or her spouse or guardian is required. The other controls approved by the Cabinet also apply. The 120-day limit in the 2016 text is not in the amended text | Art 16, as amended |
| Consent and approvals | The 2023 amendment removed the husband’s consent requirement. The woman’s consent, the medical approvals and the facility conditions in each case still apply | Art 16, as amended |
| More cases | The Cabinet can add conditions. Cabinet Decision No. 44 of 2024 sets further permitted cases, which are subject to their own conditions and approvals | Art 16; Cabinet Decision 44/2024 |
Questions About UAE Abortion Laws and Legal Requirements?
Contact Leaders Advocates for legal guidance about the applicable legislation, statutory conditions and approval requirements. Medical questions and decisions should be addressed with an appropriately qualified healthcare professional.
The penalties for unlawful abortion
Unlawful abortion penalties depend on who performs or causes the abortion. The provisions below appear in two laws.
| Who | Penalty | Article |
|---|---|---|
| A woman who aborts herself | Imprisonment of up to one year and/or a fine of up to AED 10,000 | Penal Code 391 |
| A person who causes an abortion with her consent | Imprisonment of at least two years, or a fine of at least AED 10,000 | Penal Code 391 |
| A pharmacist, midwife or other health professional | Temporary imprisonment of up to five years under the Penal Code | Penal Code 391 |
| A person who causes an abortion without her consent | Temporary imprisonment of up to seven years | Penal Code 391 |
| A physician who deliberately performs an abortion outside Article 16 | Imprisonment of up to four years. If the woman dies, imprisonment of five to ten years | Medical Liability Law Art 33 |
| An attempt | Half the penalty of the completed act | Penal Code 391 |
| Assault that causes an abortion | An aggravating circumstance under the Penal Code | Penal Code 390 |
Article 36 of the Medical Liability Law excludes penalties under other laws for the acts it penalises. A physician’s deliberate abortion is therefore dealt with under Article 33.
What a pregnant woman or couple should consider
Plan the next steps around your health and the child’s documents.
- Get medical care. A physician must not refuse emergency treatment. A patient’s secrets are protected, subject to the Medical Liability Law’s exceptions (Article 5).
- Decide early whether the father will acknowledge the child. Article 410 turns on acknowledgment and the child’s documents.
- Keep the hospital’s birth notification and every document connected with the birth, and register the child in the birth register.
- Take legal advice before any decision involving abortion. Lawful cases are narrow. Penalties apply to the woman and anyone who helps.
- If the pregnancy followed sexual assault, report it to the police or Public Prosecution and ask for medical care. If you are in danger now, call 999.
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Need Legal Guidance About Pregnancy or Child Registration in the UAE?
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Questions about pregnancy outside marriage
Relevant Legal Services
For legal questions involving pregnancy outside marriage, birth registration, parentage, family disputes or related criminal allegations, explore our family lawyers in Dubai, criminal defence lawyers in Dubai and child custody lawyers in Dubai. Legal advice should address the relevant circumstances, statutory requirements and the child’s rights without replacing appropriate medical care.
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