قانون الرعاية الصحية / الأدوية في الإماراتقانون اتحادي بشأن المساعدة الطبية على الإنجاب

Article (2) Scope of Application of the Law 1. The provisions of this law shall apply to all centres in the UAE, including centres established in free zones. 2. Without prejudice to the provisions of Articles (6) to (14) and (17) of this law, each emirate may regulate medically assisted reproduction according to its own local legislation, and in this case the provisions of this law shall be applied in matters for which there is no relevant provision in local legislation.

Article (3) Objectives of the Law The purpose of this law is to: 1. Regulate the practise of work in the field of Assisted Reproductive Technology. 2. Protect the community against illegal practises. 3. Ensure the utilisation of the most up-to-date Assisted Reproductive Technology.

Article (5) Licensing of Centres Pursuant to the provisions of the above-mentioned Federal Law No. (4) of 2015, a natural or juridical person may not establish, operate or run a Centre within the State unless a license is obtained from the Medical Body in accordance with the conditions and controls set forth in the Implementing Regulations for this Law.

Article (6) Licensing Conditions in the State Any natural or juridical person applying for a license to establish a Centre in the State undertakes to provide the competent medical, technical and other administrative resources, as well as the necessary medical equipment as determined by the Implementing Regulations for this Law.

Article (7) Determination of Medically Assisted Reproduction Techniques 1. Medically Assisted Reproduction techniques shall be determined by a decision of the Minister after coordination with the heads of local health authorities. 2. Local health authorities may add any other new techniques, all while taking into account the conditions and controls stipulated herein. In all cases, Medically Assisted Reproduction techniques may not be used in centres not duly licensed for such purpose.

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Article (9) Prohibited Practises Without prejudice to the provision of Clause (2) of Article (8) of this law, centres shall be prohibited from acting as follows while practising medically assisted reproduction: 1. Performing fertilisation between a sperm obtained from the husband and an egg taken from a woman other than his wife. 2. Performing fertilisation between an egg taken from the wife and a sperm obtained from a man other than her husband. 3. Any other case decided by the Cabinet.

Article (11) Eggs and Sperm Preservation Period Upon the written request of the Concerned Subjects, the frozen unfertilised ova or sperm may be preserved for a period of five (5) years, renewable for a similar period.

Article (13) Destruction of Eggs 1. Fertilised eggs that have not been implanted shall be destroyed in the following cases: a. Death of either spouse. b. Termination of the matrimonial relationship. c. Submitting a destruction request from both spouses. d. Expiration of the preservation period without requesting an extension. 2. Unfertilised eggs and frozen sperm shall be destroyed in the following cases: a. Death of the concerned parties. b. Submitting a destruction request from concerned parties. c. Expiration of the preservation period without requesting an extension.

Article (14) Prohibitions of Use of Eggs and Sperm The Centers shall not: 1. Use unfertilised or fertilised eggs and frozen sperm for commercial purposes, introduce non-therapeutic genetic modifications thereto, or dispose of them to third parties; nor 2. Conduct research or experiments on unfertilized or fertilized eggs and sperm except after written approval from the spouses or those concerned, as the case may be, in accordance with the conditions and controls specified by the executive regulations of this law or the decisions of the health authority.

Article (15) Genetic Diagnosis Without prejudice to the provisions of Article (14) hereof, with the written consent of spouse, the Centres may be permitted to perform Preimplantation Genetic

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Federal Law of 2019 on the Medically Assisted Reproduction 9 Diagnosis (PGD) in order to identify hereditary diseases, provided that all necessary measures be taken to keep the fertilised ovum unharmed.

Article (16) Centres’ Staff Obligations Workers in the centres shall adhere to the following: 1. Carry out their work in medically assisted reproduction techniques in accordance with recognised scientific and professional principles and the controls specified by the executive regulations of this law and the decisions issued by the minister or health authority. 2. Maintain the confidentiality of the data and information of beneficiaries of medically assisted reproduction techniques, in accordance with the legislation in force in the UAE.

Article (17) Conditions and Controls of Bringing Specimens into the State or Sending Specimens out of the State It shall be prohibited to send out of the State any specimens of unfertilised or fertilised ova or sperms prepared in the State, or to bring into the State any of these specimens prepared outside the State except in accordance with the controls and procedures identified by the Implementing Regulations for this Law.

Article (18) Centres Obligations Towards Fertilised and Unfertilised Eggs and Sperm The Centres abide by the controls relating to the handling of frozen fertilised or unfertilised ova and sperm and shall exercise the highest degrees of care and precaution so that they may not be used, exploited, replaced or conflicted.

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Article (19) Transfer of Fertilised or Unfertilised eggs and Sperm Frozen fertilised or unfertilised ova or sperm maintained to perform Assisted Reproductive Technology may not be transferred from one Centre into another except with the approval of the spouse or Concerned Subjects, as the case may be, and subject to the approval of the Medical Body.

Article (20) Centres Assessment Criteria A decision shall be issued by the Minister laying down Centres Assessment Criteria in coordination with the other Medical Bodies.

Article (22) Judicial Officers Employees designated by a resolution of the Minister of Justice, in agreement with the Minister of Justice or head of the local judicial authority, agreement with the head of the health authority shall have the capacity of judicial officers for proving all violations, within their jurisdiction, of the provisions of this Law, its Executive Regulation and the decisions issued in the implementation thereof.

Article (25) Appeal 1. Whoever a disciplinary action is issued against pursuant to Article (24) of this Law may appeal the decision to the Appeals Committee constituted with the Medical Body within fifteen (15) days from the date he is served with the decision. 2. A decision shall be issued on the appeal within thirty (30) days from the date of its submission. In case no reply is given on the appeal during the said period, the appeal shall be considered to be declined. 3. A decision issued on the appeal shall be final.

Article (26) Penal Sanctions Anyone who violates the provisions of Articles (5), (7), (9), (14), (17) and (19) of this Law is punishable by confinement for no less than two (2) years and no more than five (5) years and a fine of not less than AED. 500,000 (UAE Dirhams Five Hundred Thousand) and not more than AED. 1,000,000 (UAE Dirhams One Million), or by either one of these two punishments.

Article (27) Anyone who violates the provisions of Clauses (3) and (4) of Article (10) or the provisions of Articles (12), (13) and (18) of this Law is punishable by confinement for no less than one (1) year and a fine of not less than AED. 300,000 (UAE Dirhams Three Hundred Thousand) and not more than AED. 500,000 (UAE Dirhams Five Hundred Thousand), or by either one of these two punishments.

Article (28) Anyone who violates the provision of Article (8) of this Law, or whoever manages or operates a Centre that is temporarily suspended pursuant to Article (23) of this Law with the aim of extending Assisted Reproductive Technology services during

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Federal Law of 2019 on the Medically Assisted Reproduction 14 the period of suspension, is punishable by confinement and a fine of not less than AED. 200,000 (UAE Dirhams Two Hundred Thousand) and not more than AED. 500,000 (UAE Dirhams Five Hundred Thousand), or by either one of these two punishments.

Article (29) No Prejudice to Stiffer Punishment The punishments provided for in this Law shall not prejudice any other stiffer punishment provided for in any other law.

Article (30) Closure of Centres In the case of conviction, a court may order the closure of the Centre.

Article (31) Procedures Taken in Case of Closure of a Centre In the event of closure of the Centre, the issue of a decision on its closure or suspension or considering its license terminated by operation of the law, the Medical Body shall take the procedures necessary to protect the frozen fertilised and unfertilised ova and sperm and the rights of the patients treated in the Centre or those who continue to receive treatment, especially with regard to ensuring that the necessary medical services continue to be extended to them.

Article (32) Obtaining the Necessary Licenses The obtaining of a license in accordance with the provisions of this Law and its Implementing Regulations shall not exempt from obtaining other licenses as required by applicable federal and local legislation.

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Article (33) Establishing a National Committee The Cabinet shall have the right to constitute a competent National Committee to undertake the duties of submitting recommendations and proposals pertaining to the area of activity of the Centres and coordinate between the Medical Bodies in all pertinent matters, with the constitution decision to set forth the membership and modus operandi of the Committee.

Article (34) Implementing Regulations for the Law 1. The Cabinet, based on a proposal by the Minister, shall issue the Implementing Regulations for this Law within six (6) months from the date of its publication. 2. The Minister shall issue any other decisions necessary for the enforcement of the provisions of this Law and its Implementing Regulations.

Article (35) Repeals 1. Federal Law No. (11) of 2008 concerning Licensing of Fertilisation Centres in the State shall be repealed. However, the decisions in implementation of the said Law shall continue in force until such time as the Implementing Regulations and the decisions in enforcement of this Law are issued without being in contravention therewith. 2. Any provision in contravention or conflict with the provisions of this Law shall be repealed.

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Article (36) Publication and Entry into Force This Law shall be published in the Official Gazette and shall come into force on the date following its publication. Khalifa Bin Zayed Al Nahyan President of the United Arab Emirates Promulgated at the Presidential Palace in Abu Dhabi, On: 22 Rabi’ Thani 1441 A.H. Corresponding: 19 December 2019 AD

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