Legal regulation of surrogacy contracts in UAE legislation: A comparative analytical study

Surrogacy contracts are among the most prominent new legal and jurisprudential issues arising from medical advances in assisted-reproduction technologies. With the spread of artificial insemination, in vitro fertilization (IVF), and embryo cryopreservation since the 1980s, the idea of the surrogate mother has emerged as a solution for couples suffering from uterine-factor infertility, whether for medical, age-related, or even social reasons. This type of contract has sparked extensive debate due to the religious, ethical, and legal dilemmas it raises, particularly when it takes on a commercial character, whereby pregnancy and childbirth become a financial transaction governed by the principle of monetary consideration. This study examines the legal characterization of surrogacy contracts in light of Federal Civil Transactions Law No. (5) of 1985, assessing their legality, legal nature, and the scope of liability arising therefrom, while also comparing relevant foreign legislation that regulates or prohibits such arrangements. The study further discusses the legal implications of surrogacy in matters of lineage, maintenance, and inheritance, drawing on general principles of Islamic Sharia that focus on the preservation of lineage and the protection of human dignity. In conclusion, the study notes that the absence of explicit statutory provisions within UAE legislation and Arab legislation more broadly necessitates the development of a specialized legal framework that considers the human, social, and religious dimensions of this issue, in a manner that balances scientific advancement with the requirements of public order and morality.