Labour Party Member of Parliament Cressida Galea recently highlighted an issue regarding the discriminatory nature of Malta’s IVF laws during a parliamentary speech. The current legislation, outlined in article 9.5 of the EPA, restricts sperm donation to only one woman in Malta and Gozo. While this law was initially intended to prevent the risk of incest, it inadvertently creates inequality for same-sex couples seeking to undergo the Reciprocal IVF procedure, commonly known as ROPA.
Cressida Galea explained that ROPA involves the participation of two women in a same-sex relationship who wish to expand their family. The procedure starts similarly to IVF, but it allows for the possibility of implanting the embryos in the gestational mother, who may not be the biological mother. This enables both parents to have a biological connection with their child.
In her speech, the PL MP said that while advancements in technology have allowed same-sex couples to explore the option of ROPA, current IVF laws in Malta create restrictions that undermine the beauty and inclusivity of this procedure. The anomaly arises when the gestational mother and the biological mother are not the same person. Article 9.5 of the EPA explicitly states that a sperm donation can only be associated with one woman in Malta and Gozo. Consequently, in ROPA procedures where the second child is carried by a different mother, the same sperm donor cannot be used. This denies same-sex couples the right for their children to be at least half-siblings from the sperm donor’s side, creating an unnecessary barrier for them to build their desired family dynamic.
“The discrimination faced by same-sex couples seeking the ROPA procedure is evident when compared to heterosexual couples who can access IVF services. Heterosexual couples can use the same donor for subsequent children, fostering a sense of continuity and genetic connection within the family. Same-sex couples, however, are unjustly denied this option due to the current legal restrictions. It is important to acknowledge that these couples are making choices in the best interest of their children, and the current law inhibits their ability to do so. They should have the same rights and opportunities as their heterosexual counterparts to build stable and loving families.”, Galea explained.
The case presented by Labour Party Member of Parliament Cressida Galea highlights the inequality faced by same-sex couples in Malta’s IVF laws. Her parliamentary speech highlight how restricting the use of the same sperm donor in ROPA procedures, the law discriminates against these couples, preventing their children from being at least half-siblings from the donor’s side.
Cressida Galea has called on the relevant Minister in-charge to address this issue promptly and rectify the discriminatory aspects of the law. The Labour MP said that “Equal treatment for all couples, regardless of sexual orientation, in their pursuit of starting a family is a crucial step towards fostering inclusivity, love, and stability within Maltese society.”
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