Maternity Leave Extended to Mothers Through Surrogacy

Speaking with Times of Malta, Andy Ellul who is the Social Dialogue Junior Minister, confirmed that the government is working on plans to grant maternity leave to Maltese women who become mothers through surrogacy abroad.

Currently, surrogacy is illegal in Malta and carries criminal penalties. Proposals for “altruistic surrogacy” in 2018 were shelved after public pressure, leaving Maltese couples who pursue the process abroad facing legal complications upon their return.

Ellul acknowledged that the current system creates unfair treatment.

“This is a situation where employment law is discriminatory. For example, fathers are entitled to paternity leave, but mothers who did not actually deliver the baby are denied maternity leave,” said Ellul.

Talks with social partners will be launched to address what Ellul described as a legal discrepancy.

However, he did not give a timeline for when the proposed changes could become law.

Labour MP Rosianne Cutajar, who raised the issue on social media, welcomed Ellul’s response, arguing that every parent, whoever they are and however they became a parent, has fundamental rights that must be recognised and protected.

Surrogacy remains controversial across Europe, with countries such as Greece, Portugal, the Netherlands and the UK permitting only altruistic arrangements, while others, including Ukraine and Georgia, allow commercial surrogacy.

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Photo Credit: Andy Ellul FB