Surrogacy in the UAE: What the Law Allows and How It Works in Abu Dhabi

Until 2023, surrogacy was prohibited in the UAE. Federal Decree-Law No. 17 of 2023 removed that ban and let each emirate regulate it. Abu Dhabi has since published a detailed standard through its Department of Health (DoH). Surrogacy there is tightly controlled: it is for couples with a medical reason the intended mother cannot carry a pregnancy, it uses the couple's own embryo, and each case needs committee approval. This guide explains the rules as published, and the questions to ask before you start.

What Changed in 2023

The 2019 federal law on assisted reproduction prohibited implanting an embryo in another woman's uterus. Federal Decree-Law No. 17 of 2023 removed that prohibition and gave each emirate the power to regulate assisted reproduction locally. Legal commentary on the decree describes surrogacy as available to non-Muslim couples, married or unmarried, using their own eggs and sperm and with the approval of the relevant regulator. For the full background, see our guide to UAE fertility law.

Abu Dhabi's Gestational Surrogacy Standard

The Abu Dhabi Department of Health's Standard for Gestational Surrogacy (Full Surrogacy) was first published in January 2025. It applies to DoH-licensed hospitals and fertility clinics that are authorised to offer surrogacy. Key points:

• Gestational only. The surrogate carries an embryo created from the intended parents' own eggs and sperm, so she is not genetically related to the baby. Donor eggs and sperm are not allowed.
• IVF only. IVF is the only permitted method.
• Embryo testing is mandatory. Embryos must have PGT-A, a chromosome screening test, before transfer, with further genetic testing where indicated. See our guide to genetic testing (PGT).

Who can be an intended parent

According to the standard, intended parents must:

• be aged 18 to 47, and assessed as mentally and physically able to raise a child;
• have a medical reason for surrogacy, where the intended mother:
  • has a uterine condition that makes implantation impossible, such as an absent uterus or Asherman's syndrome (other conditions can be referred to the committee);
  • has had repeated implantation failure or recurrent pregnancy loss, subject to committee approval; or
  • cannot become pregnant or give birth because a serious medical condition would put her or the baby at risk of death;
• not have a disease that can be passed on to their children.

Surrogacy for non-medical reasons is not permitted.

Who can be a surrogate

The surrogate must:

• be aged 21 to 45, with a BMI between 19 and 30;
• have had at least one previous pregnancy, and no more than five full-term pregnancies with uncomplicated deliveries;
• have had no more than two previous caesarean sections;
• pass thorough medical and psychological assessments.

If the surrogate is married, her husband must also give consent.

The Approval Process

The standard sets out these steps:

1. Request. The intended parents and the surrogate apply together to an authorised facility.
2. Eligibility and assessment. The facility checks eligibility and carries out medical and psychological assessments of all parties. Two consultants sign the medical report.
3. Consents and legal agreement. Everyone signs separate consent forms and a surrogacy agreement, which is notarised by a Notary Public.
4. Committee approval. The facility sends the file to the DoH Medical Committee for Gestational Surrogacy. The committee confirms medical necessity and eligibility, and refers the agreement to a court for validation.
5. Treatment. IVF, mandatory PGT-A testing of the embryos, and embryo transfer to the surrogate.
6. Pregnancy and birth. Care continues at the same facility. The intended parents must be present at the delivery.
7. Parentage. At birth, the intended parents are recognised as the legal parents, and the birth certificate is issued according to the notarised agreement. The surrogate gives up all rights and responsibilities towards the child.

Costs and Insurance

The standard says the intended parents must buy an insurance policy that covers the surrogacy-related health services, and pay any costs the policy doesn't cover. Thiqa, the Basic and Enhanced plans, and other government-funded programmes cannot be used for surrogacy costs or complications.

We have not found published prices for surrogacy in the UAE. Ask the facility for an itemised estimate covering IVF, PGT-A, the surrogate's medical care and insurance, legal fees and court costs.

Questions Still Worth Asking

The published rules leave some practical questions open. Ask the facility, and ideally a lawyer, about:

• Religion and marital status. The DoH standard doesn't mention either. The legal commentary we reviewed describes access in terms of non-Muslim couples. If you are Muslim, ask the facility and DoH directly whether you are eligible. Mainstream Islamic scholarship considers surrogacy impermissible; see our guide to the Islamic perspective on fertility treatment.
• Unmarried couples. If you're an unmarried non-Muslim couple, ask how the declaration of parentage interacts with the surrogacy agreement and birth registration.
• Your nationality. Ask your embassy how your home country treats a child born through surrogacy abroad, including citizenship and passports.
• Dubai and the other emirates. We couldn't find a published surrogacy standard outside Abu Dhabi. If you live elsewhere in the UAE, ask your clinic whether it can refer you to an authorised Abu Dhabi facility.

Key Takeaways

• Surrogacy is legal in the UAE since Federal Decree-Law No. 17 of 2023, and regulated in Abu Dhabi under a DoH standard first published in January 2025.
• It is medically restricted. It's only for intended mothers who can't safely carry a pregnancy, and only with the couple's own embryo.
• Every case needs approval from a DoH medical committee and court validation of a notarised agreement.
• Government health cover can't be used. Intended parents must buy private insurance for surrogacy-related care.
• Check your own situation with the facility, a lawyer and your embassy, especially on religion, marital status and nationality.

Sources

• Abu Dhabi Department of Health: Standard for Gestational Surrogacy (Full Surrogacy) (published January 2025, checked October 2026)
• BSA Law: Further liberalisation of UAE fertility law, surrogacy now an option for non-Muslim expats (9 November 2023)
• The National: Change in law allows unmarried non-Muslim couples to undergo IVF in UAE (26 October 2023)
• Mondaq: UAE's new IVF regulations, a comprehensive overview (checked October 2026)

This guide summarises published regulations as of October 2026 and is not legal or medical advice. Surrogacy involves complex legal questions about parentage and nationality. Take independent legal advice and confirm current requirements with the Department of Health and an authorised facility before you proceed.