Article 5 of the Saudi Fertility Units Law
المادة 5 من نظام وحدات الإخصاب والأجنة وعلاج العقم · الباب الأول: أحكام عامة
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.
Official text (Arabic)
This article has not been amended since the law was issued.
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.
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 5 explained in plain English
This article contains three express prohibitions relating to the source of the sperm, the egg and the uterus:
- No implanting the fertilized egg in another uterus: a fertilized egg from a couple may not be implanted in the uterus of another wife or another woman. The text covers even another wife of the same husband.
- No sperm from anyone other than the husband: insemination with sperm from someone other than the husband is not permitted.
- No egg from anyone other than the wife: fertilizing an egg of someone other than the wife is not permitted.
This means fertilization procedures may take place only between the husband's sperm and the wife's egg, and are returned to the uterus of the same wife. This is consistent with the definitions of Article 1: the zygote is the egg fertilized by the husband's sperm cell, and the in vitro fertilization and micro-injection procedures rest on the wife's eggs and the husband's semen and then return to the wife's uterus.
This article follows Article 4, which requires confirming that the marriage exists before treatment and prohibits fertilization after divorce or death. It is followed by Article 6, which requires explicit written consent from both spouses to the method of treatment after they are informed of its procedures, risks and likely outcomes.
Anyone facing a matter relating to these prohibitions may consult a lawyer specializing in health regulations.
Practical example
A man in Dammam is married to two women, one of whom cannot become pregnant. He suggested implanting the first wife's egg, fertilized with his sperm, in the uterus of his second wife. This is prohibited by the text of the article, because it prohibits implanting a fertilized egg from a couple in the uterus of another wife.
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 5 of the Saudi Fertility Units Law
Is surrogacy allowed in Saudi Arabia?
No. The article prohibits implanting a fertilized egg from a couple in the uterus of another wife or another woman.
May a donor's sperm be used in IVF?
No. Insemination with sperm from someone other than the husband is not permitted.
May eggs be donated?
No. The article provides that an egg of someone other than the wife may not be fertilized.
May the embryo be transferred to the second wife?
No. The prohibition covers implanting the fertilized egg in the uterus of another wife.
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 4
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.
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 عملي
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.