Article 4 of the Saudi Fertility Units Law
المادة 4 من نظام وحدات الإخصاب والأجنة وعلاج العقم · الباب الأول: أحكام عامة
The article requires confirming that a marriage exists before treatment, prohibits fertilizing the wife's egg with the husband's sperm after divorce or death, and obliges the doctor to stop fertilization and insemination when that happens.
Official text (Arabic)
This article has not been amended since the law was issued.
يجب التأكد من وجود علاقة زواج قائمة قبل البدء في العلاج، ويحظر تخصيب أي بييضة للزوجة بنطفة الزوج بعد الطلاق أو الوفاة، ويجب على الطبيب عند حدوث ذلك أن يوقف عمليات الإخصاب والتلقيح.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 4 explained in plain English
This article ties infertility treatment to the existence of the marital relationship, and contains three rulings:
- Confirmation before starting: it must be confirmed that an existing marital relationship exists before starting treatment.
- Prohibition after the marriage ends: fertilizing any egg of the wife with the husband's sperm after divorce or death is prohibited.
- The doctor's duty: when divorce or death occurs, the doctor must stop fertilization and insemination procedures.
It is therefore not enough that the marital relationship exists at the start of treatment; it must remain in existence during fertilization. If divorce or death occurs during the stages of treatment, fertilization and insemination must be stopped. This is consistent with the definition of infertility in Article 1 as a delay in pregnancy for a couple "within an existing marital relationship", and with the definition of the zygote as the egg fertilized by the husband's sperm cell.
This article follows Article 3, which binds units to the fatwas of the Council of Senior Scholars, and precedes Article 5, which prohibits implanting a fertilized egg from a couple in the uterus of another wife or another woman, insemination with sperm from someone other than the husband, and fertilizing an egg of someone other than the wife.
Because divorce and death are matters with family and legal consequences, anyone facing such a situation would be well advised to consult a lawyer specializing in health regulations or a lawyer specializing in personal status.
Practical example
A couple in Jeddah began a course of in vitro fertilization treatment, and before the insemination stage a divorce took place between them. In this case the doctor must stop fertilization and insemination procedures, because the article prohibits fertilizing the wife's egg with the husband's sperm after divorce.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 4 of the Saudi Fertility Units Law
May in vitro fertilization be completed after divorce?
No. Fertilizing any egg of the wife with the husband's sperm after divorce or death is prohibited, and the doctor must stop fertilization and insemination procedures.
May insemination be done with the husband's sperm after his death?
No. The prohibition covers fertilization after death as it does after divorce.
Is proof of marriage required before infertility treatment?
Yes. It must be confirmed that an existing marital relationship exists before starting treatment.
More articles on Sharia Rules for Infertility Treatment
- Article 2
The article permits medical intervention to treat infertility caused by reduced fertility or a treatable medical problem on the basis of a medical report, and absolutely prohibits fertilization where inability to have children is established.
يجوز التدخل الطبي لعلاج العقم الناتج عن ضعف الخصوبة أو عن وجود مشكلة مرضية قابلة للعلاج بناء على تقرير طبي، ولا يجوز إطلاقًا إجراء عمليات الإخصاب لعلاج العقم ال
- Article 3
The article requires fertilization, embryo and infertility treatment units to comply, in carrying on their activity, with the religious rulings issued by the Council of Senior Scholars in the Kingdom.
تلتزم وحدات الإخصاب والأجنة وعلاج العقم في ممارسة نشاطها بالفتاوى الشرعية التي تصدرها هيئة كبار العلماء في المملكة.
- Article 5
The article prohibits implanting a fertilized egg from a couple in the uterus of another wife or another woman, insemination with sperm from someone other than the husband, and fertilizing an egg of someone other than the wife.
لا يجوز زرع بييضة مخصبة من زوجين في رحم زوجة أخرى أو امرأة أخرى، ولا يجوز التلقيح بنطفة من غير الزوج ولا تخصيب بييضة لغير الزوجة.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.

