Under UAE’s Personal Status Law (2005, Federal Law No. 28, Articles 88-98), based on Sharia (Maliki school), paternity is determined by:
(a) The birth mother, who is automatically the legal mother (Article 88).
(b) The biological father, presumed to be the legal father if married to the mother at conception or birth (Article 89). Paternity outside marriage is not recognized unless exceptionally proven judicially.
In informal sperm donation (e.g., at-home AI or natural insemination), the donor’s legal status is not recognized outside a valid marriage (nikah). If donation occurs within a marriage-like framework and paternity is acknowledged, the donor could theoretically be deemed the legal father, but Sharia typically invalidates such claims outside legitimate unions.
Assisted Reproduction:
The UAE regulates ART under Federal Law No. 7 of 2019 on Medical Fertilization, permitting it in licensed centers for married heterosexual couples. Donor sperm is prohibited under Sharia and law (Article 12) to preserve lineage.
Informal sperm donation is not regulated or recognized and is effectively prohibited due to Sharia-based legal and cultural restrictions on extramarital conception. Donors lack legal protections against paternity claims.
Single women and same-sex couples have no access to ART; informal donation is culturally precluded.
Sperm Donor Agreements:
Clinical ART excludes donor paternity under Law No. 7 (Article 12), but there is no framework for informal sperm donation. Informal agreements are unenforceable under Sharia or civil law, and donors face paternity risks if biological ties are proven within a marriage context, as lineage is sacrosanct.
For natural insemination (NI) or informal AI, a donor could be deemed the legal father under Sharia if paternity is acknowledged or proven, though such scenarios are legally and culturally discouraged.
Surrogacy:
Surrogacy is prohibited under Federal Law No. 7 of 2019 (Article 13). The birth mother is the legal mother by default (Article 88), and surrogacy is opposed under Sharia due to lineage concerns.
Commercial surrogacy is illegal, and international arrangements are not recognized.
Parentage Agreements:
In regulated ART, parentage is formalized through marriage and legal consents under Law No. 7. Informal agreements (e.g., co-parenting or donor contracts) lack legal enforceability and are irrelevant under Sharia.
Religious courts may establish paternity based on biology within marriage, overriding any informal agreements if disputes arise.