The personal status court in Dubai settled the first case of its kind related to hiring a womb. The court ruled in favor of an Indian woman who filed a lawsuit against her husband, who hired a womb to another woman in his country. Although the case was rejected by the Indian courts, it was heard by the Dubai Personal Status Court, which ruled in favor of the wife for divorce, alimony and the abolition of the child's lineage.
In the case file, the woman said she was surprised that her husband had arranged for everything and identified an alternative mother.He pointed out that they had resorted to several specialists and clinics specialized in fertilization, and then told her husband that he would rent a womb (a surrogate mother), in the light of their failure to have children naturally.
She added that she did not know anything about the measures he had taken, especially since he not only rented the womb of another woman, but that he recorded the baby she gave birth in her name, without her consent, noting that he forced her to sign a document, proving her satisfaction with reproduction through a hired womb, even He secures himself if she decides to break away from him.
She noted that she was unaware of her child's biological registration in the official documents of their country,
He tried to evict her from the house in Dubai but refused to leave, so he packed his belongings and took all her belongings of jewelry, left her and sent her the birth certificate of the child. She bears her name as a baby mother.
In the case file, the woman explained that she repeatedly tried to communicate with her husband and family to correct the matter in vain, and decided to file a lawsuit against him in the Personal Status Court, demanding divorce and alimony, and canceling the registration of the girl in her name as a natural mother.
For his part, the husband said in the case file that the process of hiring the uterus took place with the knowledge and consent of the wife, but changed her mind with the approaching date of birth, pointing out that this type of birth is legal in his country according to Indian laws, and enclose proof.
The wife's defense attorney, lawyer Awatif Mohammed Al-Khouri, said that Indian law is applied in some cases within the UAE, but it cannot be applied in this particular case, because UAE law does not allow the hiring of wombs, as this type of birth is contrary to the customs of the UAE, and this must All possibilities apply any external law.
For its part, the court asked for a test «DNA», for the girl and mother, to confirm the ratios and provide them with the results, but the husband did not respond to this, so the court ruled in favor of the wife divorce and alimony, and abolish the child's proportions to her.
Surrogacy
Lawyer Awatif al-Khoury said that the personal status court in Dubai stated that the womb rent does not prove the child's lineage to the wife, even if the implanted egg belongs to her.
Womb hiring, or alternative pregnancy, is a medical solution used to help women who are unable to conceive and give birth due to medical problems, where the process of fertilization outside the body by fertilizing a woman's egg with her husband's water in the laboratory, before one or more of these Fertilized eggs in the womb of a woman volunteer, to grow and complete the pregnancy.