A critical appraisal of the Embryo Protection Act with regard to the offering of IVF

Abstract

The legislator has sought to regulate IVF for years and the Embryo Protection Act was enacted after long years of debate. The legislator had either the option to make a liberal law and continue to leave the regulation of this area in the hands of medical professionals or else enact a restrictive law. The Act has for the very first time set out what can be allowed and what is prohibited. The objective of this work is to contribute to the ever-growing discussion in this area and to offer an analysis of the legislative choices made. With particular reference to the question of access and the definition of the prospective parent. Access and entitlement will be analysed from a human rights perspective, with specific reference to Article 8 of the European Convention on Human Rights and its derogatory clause. This work delves also into the ECtHR judgements. The local cultural and traditional situation is also analysed and hence this work reflects also on recent legislative amendments and enactments to the Maltese family law and constitutional law. With particular reference to society’s changing attitudes.