Proposed amendments to the embryo protection act : whose rights are being protected?

Abstract

The introduction of the Embryo Protection Act was a major breakthrough in Malta. Although in vitro fertilisation (IVF) has brought joy to a number of infertile couples, Maltese law on assisted conception is restrictive in its scope. Back in 2015, the Maltese Government announced the intention to review the Act to possibly include the introduction of embryo freezing, and to extend IVF to third party reproduction. The proposed changes to the law give rise to new ethical and legal dilemmas in Malta. The scope of this thesis is to analyse the proposed amendments from different perspectives, in light of the question of whose rights will be protected, since on the one hand there are the rights of the infertile couple whose inability to have children is a distressing experience whereas on the other hand there is the best interest of the embryo. The introduction gives an in-depth overview of how the field of assisted reproductive technology (ART) and its regulation have evolved over the years. Legal considerations and moral dilemmas raised by the proposed amendments are also introduced. The proposed amendments are first examined from the embryo’s point of view, covering the handling of frozen embryos and the child’s right to know about his biological origins. The proposed amendments are then examined from the perspective of the prospective parents, making reference to the benefits as well as to the legal challenges which may result from the proposed technologies. The thesis delves into the role of the legislator and the legal issues that need to be addressed in drafting any of the amendments while making reference to foreign legislations. Finally the various perspectives are critically analysed while emphasising that any debate should not be politicised but must be based on scientific evidence.